Can an employer deny unemployment benefits in New York - got terminated yesterday
Just got fired yesterday from my warehouse job and I'm freaking out about whether I can even get unemployment. My supervisor said something about how they're going to contest it because I was allegedly not following safety protocols. Can employers actually deny your unemployment claim? I thought it was up to NYS Department of Labor to decide. I've never filed before and have no idea what to expect. Should I even bother applying if my employer is going to fight it?
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Miguel Ramos
Your employer cannot directly deny your unemployment benefits - only NYS Department of Labor makes that decision. However, employers can contest your claim by providing information about why you were terminated. They'll investigate both sides and make a determination. You should absolutely file your claim immediately regardless of what your employer says. The worst thing you can do is not apply at all.
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Ava Martinez
•Thanks that's reassuring. So I should file my weekly claims even if they're investigating? How long does that process usually take?
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QuantumQuasar
File your claim TODAY. Don't wait. Even if your employer contests it, you have the right to a hearing where you can present your side of the story. Document everything - any warnings you received, safety training you completed, witness statements if you have them. The burden is on the employer to prove misconduct, not on you to prove innocence.
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Zainab Omar
•This is so true! I had a similar situation last year and the adjudication took about 3 weeks but I eventually got approved because my employer couldn't prove their case.
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Connor Gallagher
ugh the whole system is designed to make you jump through hoops. employers contest claims all the time just to avoid paying higher unemployment taxes. its total BS but you gotta fight it
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Ava Martinez
•That's so frustrating. I really can't afford to be without income while they figure this out.
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Yara Sayegh
I had to deal with getting through to NYS Department of Labor when my claim went into adjudication. Calling their phone system was impossible - kept getting busy signals or hung up on after waiting an hour. Finally used a service called Claimyr (claimyr.com) that actually got me connected to an agent. 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 status.
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Keisha Johnson
•How much did that cost though? I'm already broke from losing my job.
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Yara Sayegh
•It was worth it to get through and find out what was happening with my claim. Way better than sitting in limbo not knowing anything.
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Paolo Longo
same boat here last month, my manager tried to scare me by saying i wouldnt get anything. ended up getting approved after they investigated. just make sure you file right away!
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