Can you sue the unemployment office - NYS Department of Labor legal action options?
I'm so frustrated with how NYS Department of Labor has handled my claim that I'm wondering if there's any way to take legal action against them. My benefits were cut off 6 weeks ago due to what they're calling a 'work refusal' but I never refused any work - I just couldn't take a job that required me to work Sundays due to religious reasons. I've been trying to appeal but keep getting the runaround. Has anyone ever successfully sued the unemployment office or know what legal options exist when they make wrong decisions that hurt your finances?
14 comments
Join the conversation
Zachary Hughes
You generally can't sue NYS Department of Labor directly for wrongful benefit denials, but you do have appeal rights. The work refusal issue you're describing sounds like it might qualify for a religious exemption. You need to file a formal appeal within 30 days of their decision and request a hearing. Document everything about your religious accommodation request.
0 coins
Rachel Clark
•I did file an appeal but haven't heard anything in 3 weeks. Is there a way to check the status or speed this up?
0 coins
Mia Alvarez
same thing happened to my brother last year, they said he refused work when he couldn't take a job 2 hours away with no car. he never sued but the appeal hearing went in his favor eventually
0 coins
Rachel Clark
•How long did his appeal take? I'm running out of money and really need to know there's light at the end of this tunnel.
0 coins
Carter Holmes
While you typically can't sue for damages, you can pursue administrative remedies through the appeal process. If NYS Department of Labor violated your religious rights, that's a stronger case. Have you tried contacting them about the appeal delay? Sometimes you need to be persistent about getting through their phone system.
0 coins
Sophia Long
•Getting through to NYS Department of Labor by phone is nearly impossible. I used claimyr.com recently to get connected - they have a service that calls repeatedly until they reach an agent. There's a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth trying to check your appeal status.
0 coins
Rachel Clark
•Thanks, I'll check that out. At this point I'm willing to try anything to get some answers about where my appeal stands.
0 coins
Angelica Smith
THE WHOLE SYSTEM IS RIGGED!!! They deny legitimate claims all the time and make it impossible to fight back. I've been dealing with NYS Department of Labor for months and they just keep moving the goalposts. You should definitely explore legal options because this is affecting people's livelihoods!
0 coins
Logan Greenburg
•I feel your frustration but the appeal process does work sometimes. The key is having good documentation and being persistent.
0 coins
Angelica Smith
•PERSISTENT?? I've been persistent for 4 months and all I get are form letters and busy signals!
0 coins
Monique Byrd
I understand your frustration with the religious accommodation issue. You should definitely document everything about your religious practices and the fact that you need Sundays off for religious observance. When you go to your appeal hearing, bring any documentation you have about your religious beliefs and explain that refusing work due to religious reasons is protected. NYS Department of Labor has to consider religious accommodations under both state and federal law. You might also want to contact a legal aid organization that handles employment issues - they sometimes take cases involving religious discrimination for free or low cost. Don't give up on the appeal process, even though it's frustrating.
0 coins
Abigail Spencer
•This is really helpful advice, thank you! I do have documentation from my church about my religious practices and the requirement to observe Sundays. I didn't realize there were legal aid organizations that might help with this kind of case. Do you happen to know any specific ones in New York that handle employment/religious discrimination issues? I'm definitely not giving up on the appeal but having some backup legal support would give me peace of mind.
0 coins
Finley Garrett
•You can try contacting the Legal Aid Society of New York - they have an employment law unit that handles workplace discrimination cases including religious accommodation issues. Also check out New York Legal Assistance Group (NYLAG) and the Worker Justice Center of New York. Many of these organizations offer free consultations and can help you understand your rights under Title VII and New York State Human Rights Law. Having legal backing while you go through the appeal process could really strengthen your case, especially since religious accommodation is such a protected area.
0 coins
Melina Haruko
Religious accommodation is definitely a protected right that NYS Department of Labor should have considered before denying your benefits. The fact that you couldn't work Sundays due to religious observance isn't a valid "work refusal" under labor law. Beyond the appeal process, you might want to file a complaint with the New York State Division of Human Rights if they didn't properly evaluate your religious accommodation request. While you can't directly sue for monetary damages in most cases, documenting religious discrimination could strengthen your position. Keep detailed records of all communications and make sure to emphasize in your appeal that this was a religious accommodation issue, not simply refusing work.
0 coins