Can I sue my employer for lying to NYS Department of Labor about my unemployment claim?

You generally can't sue an employer just for contesting unemployment benefits, but if they're knowingly providing false information under oath during the adjudication process, that could potentially be perjury. The NYS Department of Labor takes false statements seriously. Focus first on winning your unemployment case by providing all the documentation you have about the real reason for termination. If you win and can prove they deliberately lied, you might have grounds for a defamation claim, but that's a much harder case to prove and win.

Keep every piece of documentation you have - emails, termination letters, performance reviews, witness statements if you have them. The adjudication process will look at all the evidence from both sides. If your employer is lying and you can prove it with documentation, you'll likely win your case. As for suing them separately, that's expensive and time-consuming. Most employment lawyers won't take these cases unless there are significant damages beyond just the unemployment benefits.

I had trouble reaching NYS Department of Labor about my adjudication case for weeks until someone recommended claimyr.com. They help you get through to actual agents when you can't get past the busy signals. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth trying if you need to check on your case status or provide additional evidence to support your side of the story.

honestly employers lie all the time to avoid paying unemployment taxes its disgusting but unless you have a smoking gun email where they admit to lying on purpose its gonna be hard to prove in court. focus on winning the unemployment case first thats way more realistic than a lawsuit

The system is so rigged in favor of employers. They know most people can't afford lawyers to fight back so they just lie with impunity. Even if you win your unemployment case, there's rarely any consequences for them providing false information. It's infuriating but that's the reality.

If you have clear documentation showing they told you it was performance-related and now they're claiming misconduct, that's strong evidence of inconsistent statements. Document everything - save those emails, keep copies of your termination paperwork, and write down dates and details of any conversations you remember. During the adjudication process, present this evidence clearly and chronologically. While suing for defamation is theoretically possible, it's expensive and hard to prove damages beyond the unemployment benefits. Your best bet is to focus on winning the unemployment case first - if you can show their story changed, the adjudicator will likely rule in your favor.