Can an employer deny unemployment benefits - NYS Department of Labor claim being contested

Employers can contest unemployment claims but they can't directly 'deny' your benefits - only NYS Department of Labor makes that decision. When an employer contests, it triggers an adjudication process where NYS Department of Labor investigates both sides. They'll look at the reason for separation, any documentation, and determine if you're eligible. Poor performance usually doesn't disqualify you unless it was willful misconduct. The fact that you complained about safety issues could actually work in your favor if you can document that.

same thing happened to me - employer said i was fired for attendance but really they just wanted to get rid of me after i hurt my back at work. took 3 weeks but nys department of labor approved my claim. they investigate everything

Here's what actually happens: when an employer contests, NYS Department of Labor sends both parties a questionnaire about the separation. The employer has to provide specific evidence of misconduct - not just their word. NYS Department of Labor then makes an impartial decision based on state law. If they rule against you, you can appeal within 30 days. Keep filing your weekly claims during adjudication even if you're not getting paid yet - if approved, you'll get backpay for those weeks.

ugh this whole system is so frustrating!! why do employers even bother contesting when they already fired someone? like they want to make sure you suffer even more after losing your job. i had a boss who contested mine just to be spiteful and nys department of labor still approved me

If you're having trouble reaching NYS Department of Labor to check on your adjudication status, I used a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Was way easier than trying to call for hours and getting hung up on. The agent was able to tell me exactly what documentation NYS Department of Labor needed for my case.

just remember that even if nys department of labor denies your initial claim you can appeal and often win at the hearing level. judges look at cases differently than the initial reviewers sometimes

Don't lose hope! I went through something similar when my employer contested my claim after I was laid off. The adjudication process is nerve-wracking but NYS Department of Labor really does look at all the facts. Since you mentioned you have emails about the safety concerns, definitely submit those as evidence - you can usually upload documents through your online account or mail them in. The key thing is that "poor performance" alone usually isn't enough to deny benefits unless they can prove it was willful misconduct. Keep documenting everything and filing your weekly claims like others mentioned. The backpay is worth it once it gets resolved.

I went through this exact situation last year and want to reassure you that employers contesting your claim is actually pretty common - it doesn't mean you'll automatically be denied. What helped me was being proactive during the adjudication process. I gathered all my documentation (including any text messages, emails, or witness contacts) and organized it chronologically. The safety complaint angle could definitely strengthen your case since retaliation for reporting workplace hazards is illegal. NYS Department of Labor takes that seriously. Also, make sure you're still certifying for benefits each week even though you're not getting paid yet - when they approve you (and I'm optimistic they will based on what you've described), you'll get all that back pay. The waiting is the hardest part but hang in there!