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Matthew Sanchez

Can employers deny unemployment benefits in New York - NYS Department of Labor question

I'm really confused about something and hoping someone can help clarify. I got laid off from my job last month and when I filed for unemployment with NYS Department of Labor, my former employer contested my claim. Now I'm in adjudication and have been waiting 3 weeks for a decision. I always thought unemployment was automatic if you got laid off, but apparently employers can fight it? Can they actually deny my benefits? I'm starting to panic because I have rent due next week and no other income. What are my options here?

Ella Thompson

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Employers can't directly deny your unemployment benefits, but they can contest your claim with NYS Department of Labor. The final decision is always made by the state, not your employer. When they contest, it triggers an adjudication process where NYS Department of Labor investigates the circumstances of your separation. Common reasons employers contest include claims of misconduct, voluntary resignation, or inadequate work performance. Since you mentioned being laid off, that should work in your favor - layoffs due to lack of work are typically approved unless there were other issues involved.

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That's somewhat reassuring. I was definitely laid off due to company downsizing, not fired for cause. Should I be doing anything while waiting for the adjudication decision?

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JacksonHarris

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ugh same thing happened to me! my old boss contested even though they laid me off. took forever to get resolved and i was freaking out about money the whole time. definitely keep filing your weekly claims even during adjudication or you'll lose those weeks

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Thanks for that tip! I wasn't sure if I should keep certifying. How long did your adjudication take?

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JacksonHarris

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like 5 weeks total but this was last year. they eventually approved it and i got all the back pay

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The adjudication process exists specifically because employers sometimes contest valid claims. NYS Department of Labor has to investigate to ensure benefits go to eligible claimants. If you were truly laid off and not terminated for misconduct, you should be approved. Make sure you respond to any requests for additional information promptly. You can also check your online account regularly for updates on the adjudication status. The phone lines are usually swamped, but there are services like Claimyr (claimyr.com) that can help you get through to an actual NYS Department of Labor agent if you need to check on your case. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works.

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Royal_GM_Mark

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Is that service legit? I've been trying to call NYS Department of Labor for weeks and can never get through to anyone.

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Yeah, I used it when I had an overpayment issue that needed explaining. Much easier than spending hours on hold or getting hung up on.

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The whole system is rigged anyway. Employers know they can just contest everything and make people wait months for money they're entitled to. Meanwhile we're supposed to keep looking for work and paying bills with what exactly?? It's designed to wear people down so they give up or find any job just to survive.

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Chris King

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I mean, I get the frustration but the adjudication process does catch actual fraud cases too. It's not perfect but there has to be some verification.

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Rachel Clark

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Keep documenting everything related to your layoff - any emails, notices, witness contact info, etc. If the initial adjudication doesn't go your way, you have appeal rights. But honestly, if it was a straightforward layoff due to company downsizing, I'd be surprised if they denied your claim. Employers often contest automatically as a matter of policy, even when they know the claim will be approved.

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That makes me feel better. I do have the layoff notice in writing, so hopefully that helps my case.

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Don't give up hope - having a written layoff notice is huge in your favor! I went through something similar last year when my company did layoffs. Even though my employer contested, NYS DOL approved my claim once they reviewed the documentation. The waiting is brutal, I know, but try to stay patient. In the meantime, definitely keep certifying for benefits every week like others mentioned. Also, if you're really strapped for cash, look into local food banks and emergency assistance programs while you wait. Some counties have emergency rental assistance too if your situation gets desperate. You've got this!

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