Can employer deny unemployment benefits in NY - NYS Department of Labor question
I got laid off from my warehouse job last month and filed for unemployment right away. My former employer is now telling people they're going to contest my claim and deny my unemployment benefits. Is this even possible? Can they actually stop me from getting UI benefits through NYS Department of Labor? I thought unemployment was automatic if you get laid off. Really stressed about this because I need these benefits to pay rent.
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Gabrielle Dubois
Employers can't directly "deny" your unemployment - only NYS Department of Labor makes that decision. However, they can contest your claim by providing information that might affect your eligibility. When they contest, it triggers an adjudication process where NYS Department of Labor investigates the circumstances of your separation. If you were truly laid off (not fired for misconduct), you should still qualify for benefits.
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Dmitri Volkov
•Thanks for explaining that! So even if they contest it, I still have a good chance of getting approved since it was definitely a layoff?
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Tyrone Johnson
yeah my old boss tried the same thing when i got let go, said he was gonna fight my unemployment. but like the other person said only the state decides. took about 3 weeks longer to get approved but i still got it
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Ingrid Larsson
The key thing is documenting everything about your layoff. Save any emails, text messages, or written notices about the layoff. NYS Department of Labor will want to see proof of the reason for separation. If your employer contests based on false information, having documentation helps your case during the adjudication review.
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Dmitri Volkov
•I do have the email they sent about the layoffs affecting multiple people. Should I upload that somewhere or wait for them to ask?
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Ingrid Larsson
•Keep it safe for now. If your claim goes into adjudication, NYS Department of Labor will contact you and tell you exactly what documents they need. You'll be able to submit everything through your online account.
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Carlos Mendoza
This is so confusing! My friend told me that if your boss says no then you can't get unemployment at all. But now everyone is saying that's not true? What if they lie about why I was fired... I mean laid off? Will NYS Department of Labor believe them over me??
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Gabrielle Dubois
•NYS Department of Labor investigates both sides during adjudication. They don't just take the employer's word - they'll contact you for your version of events too. If there are inconsistencies, they may request additional documentation or even conduct phone interviews with both parties.
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Zainab Mahmoud
I was dealing with a similar situation where my employer was being difficult about my unemployment claim. Calling NYS Department of Labor directly was impossible - always busy or got disconnected after waiting forever. Found this service called Claimyr at claimyr.com that actually got me through to a real person at NYS Department of Labor. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Helped me understand exactly what was happening with my adjudication.
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Dmitri Volkov
•How much does something like that cost? I'm already broke from being unemployed.
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Zainab Mahmoud
•They focus more on the value of getting through rather than the cost. Worth checking out their site - sometimes talking to an actual NYS Department of Labor agent is the only way to get real answers about your specific situation.
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Ava Williams
UGH the whole system is so frustrating! Employers shouldn't be able to mess with your unemployment AT ALL when they're the ones who laid you off in the first place. It's like they want to punish you twice - first by taking away your job and then by making it harder to survive. NYS Department of Labor needs to stop letting companies play games with people's lives!
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Raj Gupta
Same thing happened to my neighbor last year, employer fought it but she still got her benefits after like a month delay. The adjudication process just takes longer when they contest but if you were really laid off you'll be fine.
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Everett Tutum
Don't let your employer intimidate you! I went through this exact situation 6 months ago when my company did layoffs. They tried to contest my claim saying I was fired for "performance issues" but I had all my performance reviews showing I was meeting expectations. NYS Department of Labor saw right through it during the adjudication process. The whole thing took about 5 weeks instead of the usual 2-3 weeks, but I got approved and even received back pay for the delayed period. Keep all your documentation ready and don't stress too much - if it was truly a layoff, you have strong grounds for approval.
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Mateo Lopez
•That's really encouraging to hear! The back pay part is especially good to know - I was worried I'd lose money even if I eventually got approved. Did you have to do anything special during those 5 weeks while waiting, or just keep filing your weekly claims as normal?
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