Can your employer deny unemployment benefits through NYS Department of Labor?
My manager told me today that if I get fired they're going to 'make sure I don't get unemployment.' Is this actually possible? Can employers somehow block or deny unemployment claims with NYS Department of Labor? I've been having issues at work and I'm worried they might terminate me soon. I thought unemployment was automatic if you get fired without cause but now I'm second guessing everything. Does anyone know how this actually works?
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Vera Visnjic
Your employer cannot directly deny your unemployment benefits, but they can contest your claim with NYS Department of Labor. When you file for UI, your former employer gets notified and has the right to provide information about why you were terminated. If they claim you were fired for misconduct or quit voluntarily, NYS Department of Labor will investigate and make the final decision. The key is having documentation of your side of the story.
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Mason Lopez
•That's somewhat reassuring. What kind of documentation should I be gathering now while I'm still employed?
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Jake Sinclair
Keep records of everything - emails, performance reviews, any disciplinary actions, witness contacts if possible. If they fire you and contest the claim, you'll need evidence that you weren't terminated for willful misconduct. NYS Department of Labor looks at whether the termination was for reasons beyond your control. Even if your employer contests it, you can still win if you have a strong case.
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Brielle Johnson
•This happened to my coworker last year. Employer contested saying she was always late but she had medical documentation for her condition. NYS Department of Labor sided with her after the adjudication process.
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Honorah King
honestly employers threaten this all the time but most dont follow through because it takes effort on their part too. they have to respond to requests from NYS Department of Labor and provide documentation. unless you really screwed up bad most companies just let it go
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Oliver Brown
I had to deal with a contested claim situation and couldn't get through to NYS Department of Labor for weeks to explain my side. Ended up using Claimyr.com to actually reach an agent who walked me through the adjudication process. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made the whole thing way less stressful when I could actually talk to someone who understood my case.
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Mason Lopez
•How long did the whole contested claim process take to resolve?
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Oliver Brown
•About 3 weeks once I got connected with the right person at NYS Department of Labor. The hardest part was just making contact initially.
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Mary Bates
Wait so if they contest it does that mean I don't get any money while they investigate?? I can't afford to go weeks without income while NYS Department of Labor decides who's telling the truth. This is making me even more anxious about my job situation.
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Vera Visnjic
•You typically don't receive benefits during the adjudication period, but if NYS Department of Labor rules in your favor, you'll get back pay for those weeks. It's definitely stressful but that's how the system works to prevent fraudulent claims.
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Clay blendedgen
The whole system is rigged anyway. Employers know exactly what to say to get claims denied and NYS Department of Labor just rubber stamps whatever the company tells them. I've seen people with legitimate claims get screwed over because their boss knew how to work the system.
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Jake Sinclair
•That's not really accurate. NYS Department of Labor investigates each case individually and workers win contested claims all the time when they have proper documentation.
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