Help with NYS Unemployment benefits

[drew251]

What is the name of your state (only U.S. law)? New York
Was laid off from my job on 12/30/2009 I started collecting U I benefits in Jan. 2010. My position had been filled by the owners son in law. I just recieved a letter from the Dept. of Labor saying the company that laid me off had said I quit because I did not return to work on March 1st 2010. I never recieved a call or letter offering my job back, they do not want me back, this is a way to stop paying my U I benefits. I filled out the questionair from Dept of Labor and am waiting to hear back,in the meantime my benefits are on hold.I dont think the company has a leg to stand on by never contacting me to come back. Thanks for any advice

 

[swalsh411]

There will be a hearing where they will need to show evidence that they offered you the job back. Your position should be that you were laid off, to your knowledge the position was filled by somebody else, and you never received any communication that there was work available. If they cannot show this evidence then you should be deemed eligible again. In the meantime continue certifying each week.