Can you sue NYS Department of Labor for taking too long on unemployment claim?

You generally can't sue NYS Department of Labor for processing delays unless there's clear negligence or constitutional violations. The unemployment system has built-in appeal processes that courts expect you to exhaust first. However, if your claim has been in adjudication for 8 weeks without any communication, that's definitely excessive. You should file a formal complaint with the NYS Department of Labor and document everything. Also check if there are any outstanding issues in your claim that need documentation - sometimes claims sit because they're waiting for employer responses or additional info from you.

I had the same problem last year - 7 weeks in adjudication with zero updates. What finally worked for me was using Claimyr (claimyr.com) to actually get through to a real person at NYS Department of Labor. They have this system that calls for you and gets you connected to an agent. Cost me some money but it was worth it because I found out there was an issue with my employer's response that nobody told me about. There's a video demo at https://youtu.be/qyftW-mnTNI if you want to see how it works. Honestly saved me weeks of frustration.

man the whole system is BROKEN!!! ive been waiting 6 weeks too and they act like we dont exist. meanwhile politicians get their paychecks on time every week but we're supposed to just starve while they take forever to process claims. its absolutely ridiculous

Before thinking about lawsuits, try contacting your state assembly member or senator's office. They often have constituent services that can help push through stuck unemployment claims. Also, make sure you're continuing to certify for benefits weekly even while it's in adjudication - if you stop certifying, you could lose weeks of benefits once it's finally approved. The legal route is expensive and time-consuming, and honestly most lawyers won't take these cases because the damages are limited.

Just went through this mess myself. Took 9 weeks total but eventually got approved with back pay for all the weeks I certified. The waiting was horrible but stick with it. Document every call attempt and screenshot everything in your account. If you do end up needing legal help later, having records helps.

I'm going through something similar right now - 6 weeks in adjudication with no updates. The stress is unreal when you're trying to pay rent and bills. I've found that calling right when they open at 8am gives you the best chance of getting through, though it's still a nightmare. Also, if you have any documentation from when you first filed (like separation papers from your employer), make sure you have copies ready because sometimes they ask for stuff again even if you already submitted it. Hang in there - from what I've seen in this community, most people eventually get approved with back pay, it just takes way longer than it should.

I'm dealing with the exact same situation - 7 weeks in adjudication and feeling completely helpless. The financial stress is overwhelming when you're doing everything right but the system just fails you. I've tried calling every day, sometimes multiple times, and either get disconnected or told they can't provide any updates. What's really frustrating is that there's no transparency about what's actually causing the delay or even a realistic timeline for resolution. I've been documenting everything like others suggested, but it feels like we're all just stuck waiting while bills pile up. Has anyone had success with escalating through supervisors when you do get through to someone?