Can a employer deny unemployment benefits through NYS Department of Labor?
I got laid off from my warehouse job two weeks ago and filed for unemployment right away. Today I got a letter from NYS Department of Labor saying my former employer is disputing my claim. They're claiming I was terminated for misconduct but that's not true at all - I was just part of a reduction in force due to slow business. Can they actually deny my unemployment benefits? I'm really stressed because I need these payments to cover rent and bills. What should I do if they're lying about why I was let go?
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Ethan Wilson
Your employer can contest your claim, but they can't directly 'deny' your benefits - only NYS Department of Labor makes that decision. When an employer disputes a claim, it goes into adjudication where a claims examiner reviews both sides. You'll likely get a questionnaire or phone interview to tell your side. Keep any documentation you have about the layoff (emails, notices, etc.) and be honest about what happened.
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Aisha Rahman
•Thank you, that makes me feel a bit better. I do have the layoff notice they gave me that says 'reduction in workforce' so hopefully that helps my case.
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Yuki Sato
this happened to me last year and it took forever to get resolved. my old boss tried saying I quit when I got fired for no reason. had to wait like 6 weeks while they investigated but I eventually got approved and they paid me all the back benefits too
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Aisha Rahman
•Six weeks?! I really hope mine doesn't take that long. Did you have to do anything special during the investigation?
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Yuki Sato
•just answered their questions honestly and sent them the termination paperwork I had. they called my employer too to verify everything
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Carmen Flores
If you're having trouble reaching NYS Department of Labor to check on your adjudication status, I had good luck using Claimyr (claimyr.com) to get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I was able to get updates on my case when I couldn't get through the regular phone lines.
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Andre Dubois
•Never heard of this service before. Is it legit? I've been trying to call NYS Department of Labor for days with no luck.
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Carmen Flores
•Yeah it's legitimate, they basically help you get through the phone queue. I was skeptical at first but it actually worked when I needed to talk to someone about my adjudication delays.
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CyberSamurai
EMPLOYERS LIE ALL THE TIME TO AVOID PAYING HIGHER UI TAXES!!! They know most people won't fight it so they make up misconduct stories. You need to FIGHT THIS and don't let them get away with it. The whole system is rigged to favor employers over workers. Document everything and be prepared for a battle.
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Zoe Alexopoulos
•While that's sometimes true, jumping to conspiracy theories isn't helpful here. OP should focus on providing accurate information to NYS Department of Labor during the adjudication process.
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Jamal Carter
yeah my friend went through this same thing and won her case. the key is being able to prove you didn't do anything wrong. do you have any witnesses or documentation?
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Javier Morales
I went through a similar situation about 8 months ago when my retail job eliminated my position. My manager initially contested it claiming I had attendance issues, but I had kept records of all my approved time off requests and sick days. The adjudication process took about 3-4 weeks, and I had to submit a written statement explaining my side. The key things that helped me were: 1) keeping copies of all official communications from my employer, 2) being completely honest in my responses to NYS DOL, and 3) providing specific dates and details about the layoff. Since you have that reduction in workforce notice, you're in a much better position than I was. Just stay organized and respond promptly to any requests from the department. Good luck!
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