Can you sue NYS Department of Labor unemployment for emotional distress - legal options?
I've been dealing with NYS Department of Labor for 8 months now and honestly my mental health is completely shot. They've denied my claim twice, put me through three different adjudication processes, and I've lost my apartment because of their delays. I'm having panic attacks every time I check my claim status. Has anyone actually sued unemployment for emotional distress? Is this even possible or am I just dreaming? The whole system feels designed to break you down until you give up.
10 comments


Khalid Howes
While I understand your frustration, suing NYS Department of Labor for emotional distress is extremely difficult. Government agencies have sovereign immunity in most cases. Your best bet is to exhaust all administrative remedies first - file appeals, request hearings, and document everything. If there was gross negligence or constitutional violations, you might have grounds, but you'd need a lawyer who specializes in government liability.
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Rita Jacobs
•I've already been through two appeals and they keep finding new reasons to deny me. At what point does this become harassment?
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Ben Cooper
honestly the whole system is messed up, ive been waiting 4 months just for them to tell me they need more documentation that i already sent 3 times... but suing them seems like it would cost more than any unemployment money you'd get
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Naila Gordon
I went through something similar last year and ended up using a service called Claimyr to actually get through to someone at NYS Department of Labor. They help you get connected to agents who can review your case properly. Check out claimyr.com - there's even a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Sometimes you just need someone who actually knows the system to look at your case.
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Cynthia Love
•How much does something like that cost though? I'm already broke from not getting my benefits.
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Naila Gordon
•It's worth checking out their site for pricing info. For me it was way cheaper than hiring a lawyer and actually got results.
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Darren Brooks
The emotional toll is real but unfortunately the courts rarely recognize it unless there's extreme circumstances. Document everything - dates, times, who you spoke with, medical records if you're seeing someone for anxiety/depression. Even if you can't sue, this documentation helps with appeals and shows a pattern of agency negligence.
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Rosie Harper
THIS IS EXACTLY WHAT THEY WANT!!! They deny everyone hoping you'll just give up and go away. I've been fighting them for a year and finally got approved but only after threatening to contact my state representative. The whole system is designed to wear you down mentally.
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Rita Jacobs
•Did contacting your representative actually help? I'm at the point where I'll try anything.
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Elliott luviBorBatman
My brother went through this same thing and ended up getting a free consultation with a lawyer who handles unemployment cases. Even if you can't sue for emotional distress, they might find other issues with how your case was handled. Worth a shot if you've documented everything.
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