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Unemployment insurance

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What is the name of your state? What is the name of your state? NY
Can a claimaint for unemployment insurance request a hearing if they did not request one in a timely manner?
Specifically, my husband was fired for misconduct in Feb. 2002. I was out of the state for my job and found out when I came back that during that time he never opened any mail. Of which was a letter from unemployment denying him benefits and stating if he wished to request a hearing should he contest their decision. He mailed out a letter to the investigator but it was a few days too late. Luckily, he got a job right away and did not need the benefits. However, this has come back to haunt him/us. He lost his job due to lack of work and filed for benefits three months ago. Today, after much correspondance with the DOL it was determined my husband did not have enough "quarters" of paid employment and not eligible for benefits. The time at his former employer was not counted due to his misconduct.
Is he out of luck?
Thank you.


Senior Member
Yes, he is out of luck.

Typically, there must be a compelling reason why the individual couldn't respond timely to the notice. Such as being in the hospital or otherwise medically incapacitated. Just not opening the mail is not going to cut it.

And if they're ruled recently he's not eligible for benefits because he hasn't worked the required number of quarters, then that's it. Unless the NY legislature chooses to change UC reg's, then there is no basis to contest this decision.

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