Once you begin collecting unemployment payments in NY can the past employer deny your claim? by Marie (Buffalo, NY) I have just starting getting unemployment and I’m nervous that my last employer may try to deny my claim. Can I assume that since I’m getting payments that they did not deny it? Hi Marie, No, you cannot assume that the employer will not appeal the determination allowing benefits. Somewhere on the determination you received allowing benefits is a statement which says that if you disagree you have .. I think it’s 30 days in NY to appeal from the date of mailing. The state cannot stop your benefits until a hearing is held and only if the initial determination is reversed in the employer’s favor. If this happens .. you might start expecting to receive an overpayment determination .. which of course could be appealed, but .. it’s usually a moot point if you lost at hearing. Don’t fear an appeal because in my mind they are a common occurrence. My suggestion is to prepare for the possibility of an appeal now.