Does Walmart fight unemployment claims in New York? NYS Department of Labor adjudication
I got terminated from Walmart last month for what they said was 'attendance issues' but I think it was really because I complained about unsafe working conditions. Now my NYS Department of Labor claim has been stuck in adjudication for 2 weeks. My friend told me big companies like Walmart always contest unemployment claims to keep their rates down. Is this true? Should I be worried they're going to fight my claim even though I think the termination was unfair?
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Arjun Patel
Yes, large retailers including Walmart do commonly contest unemployment claims, especially for terminations they classify as 'misconduct.' The NYS Department of Labor will review both your side and theirs during adjudication. Make sure you have documentation about the unsafe conditions you reported and any proof that contradicts their attendance claims.
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Julia Hall
•I do have photos of the safety issues I reported and emails to my supervisor. How do I submit these to NYS Department of Labor during the adjudication process?
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Jade Lopez
walmart fought mine too last year but I still won. took like 6 weeks though because they submitted a bunch of paperwork trying to prove I was fired for cause. just be patient and make sure you file your weekly claims even during adjudication
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Julia Hall
•That's good to hear you won! Did you have to do a phone interview or anything?
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Jade Lopez
•yeah had to do a fact finding interview where they asked about the incidents walmart reported. just be honest about everything
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Tony Brooks
I had issues reaching someone at NYS Department of Labor when my claim was contested. After weeks of busy signals, I found Claimyr.com which actually got me through to speak with an agent in like 15 minutes. They have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Really helped me understand what documentation I needed for my appeal.
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Ella rollingthunder87
•Never heard of that service before. Does it actually work for NYS Department of Labor or is it a scam?
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Tony Brooks
•It's legit - they just help you get through the phone system faster. I was skeptical too but it saved me so much time and stress trying to reach someone about my adjudication status.
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Yara Campbell
THE WHOLE SYSTEM IS RIGGED!!! Big corporations have lawyers on speed dial to fight every single claim. Meanwhile we're stuck waiting months for a decision while they drag it out hoping we'll give up. I'm on week 8 of adjudication because my former employer keeps submitting more 'evidence' to delay everything.
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Isaac Wright
•I feel your frustration but that's not always true. My brother won his case against Home Depot last year after they contested it.
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Sean Flanagan
I work in HR at a mid-size company and can confirm that many large employers do contest unemployment claims as a standard practice to protect their unemployment insurance rates. However, if you were terminated for reporting safety violations, that could actually strengthen your case since retaliation for safety complaints is prohibited under OSHA. Document everything - the safety issues you reported, when you reported them, who you reported to, and the timeline of your termination. NYS DOL adjudicators do consider whether the termination was retaliatory. Two weeks isn't unusually long for adjudication when there's a contest, but stay on top of submitting any requested documentation promptly.
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Beatrice Marshall
•This is really helpful insight from the HR perspective! I did report the safety issues about 3 weeks before my termination - there were broken pallets stacked unsafely in the stockroom that I flagged to my supervisor via email. The timing does seem suspicious now that you mention retaliation. Should I specifically mention the OSHA angle when I submit my documentation to NYS DOL, or will they recognize that connection themselves during the adjudication review?
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Lola Perez
•Definitely mention the OSHA retaliation angle explicitly in your documentation! While adjudicators are trained to spot these patterns, you shouldn't assume they'll connect the dots on their own. Include a clear timeline showing: (1) when you reported the safety hazard, (2) any follow-up or lack of action from management, and (3) the proximity of your termination to the safety complaint. The closer these events are in time, the stronger your retaliation argument becomes. Also keep copies of everything you submit - if Walmart escalates this to an appeal hearing, having organized documentation will be crucial.
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Owen Jenkins
From my experience working with unemployment cases, Walmart and other large retailers do systematically contest claims to keep their unemployment insurance rates low. However, your situation with the safety complaint timing could actually work in your favor. The fact that you were terminated just weeks after reporting unsafe conditions creates a pattern that NYS DOL adjudicators are trained to recognize as potential retaliation. Make sure to submit those photos and emails you mentioned - they're crucial evidence. Also, don't let the 2-week adjudication period worry you too much. When employers contest with documentation, it typically takes 3-6 weeks for a decision. Keep filing your weekly certifications during this time and stay organized with your evidence in case it goes to an appeal hearing.
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