UNEMPLOYMENT INSURANCE - OUT OF STATE CLAIMS AND HEARINGS

If you currently live outside of New York State, but all of your work in the past 18 months was in New York State, you must file your claim with New York State. If you worked in 2 or more states in the past 18 months, you must file your claim with one of the states where you worked, regardless of where you reside. You may be able to combine wages from all the states where you worked in the past 18 months, OR use only the wages earned in the filing state. Once you file your claim in a state where you worked, that state will advise you of all your filing options in order to receive the highest benefit amount. Now suppose you are out of state, filed your claim in New York, but the Department of Labor has denied you benefits. You request a hearing. The hearing is to be held in New York. Do you have to come to NY for the hearing? No, you can attend by telephone but it does create some issues as it is more difficult to present a case by telephone, viz., introduction of evidence, cross-examination, etc. Personally, I chose not to represent a claimaint who can only attend by telephone as I do not believe I can perform to the best of my ability without first meeting with the client in person and discussing in person the case and evidence. Other lawyers may disagree.