Can your previous employer deny unemployment benefits in NYS?
I got laid off from my retail job two weeks ago and filed for unemployment right away. My claim is showing as pending and I'm worried my old boss might try to block it somehow. We didn't part on the best terms - she was upset that I'd been looking for other work before the layoff happened. Can employers actually deny your unemployment claim with NYS Department of Labor? I thought it was based on whether you qualify, not what your employer wants.
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Ava Johnson
Employers can't directly 'deny' your claim, but they can contest it if they believe you were terminated for misconduct or quit voluntarily. NYS Department of Labor makes the final decision based on the facts they gather from both you and your employer. If your employer contests, you'll likely go through an adjudication process where they investigate the circumstances of your separation.
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ElectricDreamer
•So even if she's mad about me job hunting, that's not misconduct right? I was still doing my job properly until the layoff.
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Miguel Diaz
my employer tried to fight my claim last year saying i quit but i got laid off due to budget cuts. took like 6 weeks to sort out but i eventually got approved and backpay
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ElectricDreamer
•Six weeks?! That's so long. Did you have to provide any special documentation?
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Miguel Diaz
•yeah had to send emails showing the layoff notice and my schedule being cut before termination
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Zainab Ahmed
The key thing to understand is that looking for other work while employed is NOT misconduct under NYS unemployment law. Your employer would need to prove you violated company policy, were insubordinate, or committed some other serious workplace violation. Being prepared for potential job loss by searching is actually smart planning, not grounds for disqualification.
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Connor Byrne
•This is really helpful! I was worried about the same thing when I got let go from my office job. Turns out my boss couldn't do anything about it.
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Yara Abboud
If you're having trouble getting through to NYS Department of Labor to check on your claim status, I used a service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really saved me from spending hours on hold trying to get answers about my adjudication.
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ElectricDreamer
•Thanks, I'll check that out. The phone lines are impossible right now.
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PixelPioneer
The unemployment system is SO broken!! Employers shouldn't even be able to contest claims unless there's clear proof of misconduct. They lay us off then try to screw us out of benefits we paid into. It's ridiculous how much power they have in this process.
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Keisha Williams
•I hear you but there has to be some process to prevent fraud. The system just needs to work faster and be more transparent about what's happening.
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Skylar Neal
Just went through this exact situation last month. My employer contested my claim saying I had "poor performance" but couldn't provide any documentation of warnings or disciplinary actions. The DOL investigator called me for a phone interview where I explained my side and provided my performance reviews showing I met expectations. Got approved within 3 weeks. The key is being honest and having any documentation that supports your case. Since you were laid off (not fired for cause), your employer will have a hard time proving misconduct just because they're upset about you job hunting.
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