Of course, credibility issues are first made by the DOL at the investigation stage. After a claimant applies for benefits, an employer is notified and, if an objection is made, will file a Notice of Protest. As explained by the DOL:
"The Department will send you a Notice of Potential Charges (Form LO 400) when we determine your former employee is eligible to collect UI benefits. You can verify that UI benefits paid to former employees are correct based on the wage information. Report any discrepancy in wage information or disqualifying information you see on the Notice of Potential Charges (Form LO 400) as soon as possible. In most cases, this information will affect UI benefit payments from the date it is received."
NYS DOL - Important Notice to Employers How to Keep Your Unemployment Insurance (UI) Costs Down
Friday, February 17, 2012
NEW YORK UNEMPLOYMENT INSURANCE HEARINGS - CREDIBILITY ISSUES
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