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After u have been approved and have already been getting ur unemployment benefits can the employer cancel ur unemployment at all

Batavia, NY |

for any reason like if I was getting unemployment and I also had filed a complaint on the same place of where I was getting unemployment for a sexual harassment complait and they get mad and back out of the unemployment after I have already been getting my checks

Attorney Answers 4


  1. If they try to end your unemployment because you made a complaint it may be construed as retaliation against you, which is illegal under the sexual harassment statute.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/employattorney) or Facebook (http://www.facebook.com/WhiteRicottaandMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.


  2. Please do yourself a favor and consult with an attorney.

    Answers to questions posted on the AVVO website as well as content contained on The Sanders Firm, P.C., website is intended for informational purposes only. Nothing in such answers or the content contained on The Sanders Firm, P.C., website is to be considered as either creating an Attorney-Client relationship between the reader and The Sanders Firm, P.C., or as the rendering of legal advice for any specific matter. Readers are responsible for obtaining such legal advice in consultation with a licensed Attorney.


  3. Unemployment benefits are given by the Unemployment Insurance Board, not by the employer. There is a time limit for fighting unemployment benefits, and once that time has passed, the employer can no longer object.


  4. Your employer could try to stop your benefits by appealing the decision. However, there is a limited time available for them to do that, and if that time has passed, the decision becomes final.

    These answers are not intended nor shall it be deemed to be the rendering of legal advise, they are given based on the information provided which is insufficient to give meaningful advise. These answers shall not be construed as part of the creation of an attorney-client relationship, nor shall it impose an obligation on the part of the attorney to respond to further inquiry. The Questioner has responsibility of obtaining legal advise from an attorney and is urged to do so.

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