Can a company deny unemployment benefits in New York - NYS Department of Labor question
I just got fired from my job last week and my former employer is telling me they're going to contest my unemployment claim. They're saying I was terminated for misconduct but honestly I think they're just trying to avoid their unemployment insurance costs going up. Can a company actually deny unemployment benefits or does the NYS Department of Labor make that decision? I'm really stressed about this because I need these benefits to pay my rent.
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Omar Fawaz
Your employer cannot directly deny your unemployment benefits - only the NYS Department of Labor can make that determination. However, your employer can contest your claim by providing information to NYS Department of Labor about why they believe you shouldn't qualify. If they contest it, your claim will go into adjudication where a NYS Department of Labor representative will review all the facts and make a decision. You'll have a chance to tell your side of the story during this process.
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Freya Thomsen
•That's a relief to know they can't just say no and that's it. How long does the adjudication process usually take?
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Chloe Martin
same thing happened to me earlier this year, company tried to say i was fired for attendance issues but it was really because they were cutting costs. took about 3 weeks for nys department of labor to review everything and they approved my benefits anyway
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Freya Thomsen
•Three weeks isn't too bad I guess. Did you have to provide any documentation during the process?
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Diego Rojas
The key thing is to file your claim immediately even if you know your employer will contest it. Don't wait! The NYS Department of Labor will investigate both sides. Keep any documentation you have about your termination - emails, write-ups, witness statements, etc. If the employer's contest lacks merit, you'll get approved. If there's a genuine dispute, you might have a phone hearing where you can explain your side.
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Anastasia Sokolov
•THIS! I waited to file because my boss threatened to fight it and I missed out on like 2 weeks of benefits because the effective date starts when you file not when you were terminated
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StarSeeker
The whole system is rigged anyway. Companies know they can slow down your benefits just by contesting even if they don't have a real case. It's all about money for them - they'd rather spend money fighting your claim than paying higher unemployment insurance rates. The NYS Department of Labor should penalize employers who file frivolous contests but they never do.
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Sean O'Donnell
•I've been trying to get through to NYS Department of Labor for a week to check on my adjudication status but their phone lines are always busy. It's so frustrating when you're dealing with contested claims.
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Zara Ahmed
•If you're having trouble reaching NYS Department of Labor by phone, I had success using claimyr.com recently. They help you get through to an actual agent without waiting on hold forever. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped me get answers about my contested claim situation.
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Chloe Martin
wait so even if they contest it i can still get benefits while its being reviewed? or do i have to wait until nys department of labor decides?
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Omar Fawaz
You should continue filing your weekly claims during the adjudication process. If you're ultimately approved, you'll receive back pay for those weeks. If you're denied, you won't owe anything back. But definitely keep filing your weekly claims and doing your job search activities as required.
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