Can an employer deny your unemployment benefits in NY - worried about filing
I'm planning to file for unemployment benefits after being laid off last week, but my former supervisor made some comment about how they 'won't approve it' when I was getting my stuff. Can an employer actually deny your unemployment claim? I worked there for 2 years and never had any disciplinary issues. I'm really stressed about this because I need these benefits to pay rent. What kind of power do employers have over NYS Department of Labor decisions?
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AaliyahAli
Your employer cannot directly deny your unemployment benefits - that's not how the system works. The NYS Department of Labor makes the final decision on all claims. However, your employer can contest your claim by providing information about why you left (like if they claim you were fired for misconduct or quit voluntarily). Even if they contest it, you still have the right to appeal any negative decision. File your claim as soon as possible regardless of what your supervisor said.
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Theodore Nelson
•Thank you, that makes me feel better. Should I file online or call? I want to make sure I do this right.
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Ellie Simpson
same thing happened to me - my boss was all pissy when I got laid off and said they'd fight my unemployment. filed anyway and got approved no problem. employers lie about this stuff all the time
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Arjun Kurti
File immediately through the NYS Department of Labor website. The key thing is you were laid off, not fired for cause. Even if your employer contests the claim, layoffs due to lack of work are almost always approved. Keep any documentation you have about the layoff (emails, notices, etc.) just in case you need it during the adjudication process.
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Theodore Nelson
•I have the layoff notice they gave me. Should I upload that when I file the claim?
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Arjun Kurti
•Yes, definitely keep that handy. You might not need to upload it initially, but having it ready speeds things up if NYS Department of Labor needs additional documentation during review.
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Raúl Mora
I had a really hard time getting through to NYS Department of Labor when my employer contested my claim and I needed to speak with someone. Kept getting busy signals for weeks. Finally used a service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made the whole process so much easier than trying to call on my own.
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Margot Quinn
•How much does something like that cost? I'm already worried about money.
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Raúl Mora
•It was worth it for me since I couldn't get through any other way and needed to resolve my adjudication. Much better than sitting on hold for hours or getting disconnected.
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Margot Quinn
Wait I'm confused - if they contest it does that mean I won't get benefits at all? I thought unemployment was automatic if you get laid off. This is all so overwhelming and I don't understand how any of this works.
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AaliyahAli
•No, you can still get benefits even if they contest it. When an employer contests a claim, it just means NYS Department of Labor will review the circumstances more carefully. For a layoff like yours, they'd need to prove misconduct or that you actually quit, which sounds unlikely based on what you've described.
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Evelyn Kim
My brother went through this exact thing last year and his employer tried to claim he was fired for attendance issues even though he was clearly laid off with 15 other people when they closed the department. He had to do a phone hearing but won easily because the employer couldn't provide any actual documentation of the supposed attendance problems.
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Diego Fisher
Just file ASAP and don't let your employer intimidate you. The worst thing you can do is delay filing because of their threats. NYS Department of Labor deals with employer contests all the time - it's routine for them.
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