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Julia Hall

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?

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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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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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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That's good to hear you won! Did you have to do a phone interview or anything?

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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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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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Never heard of that service before. Does it actually work for NYS Department of Labor or is it a scam?

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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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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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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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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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