< Back to New York Unemployment

Nina Chan

Does unemployment check with your employer when you file for NYS Department of Labor benefits?

I'm thinking about filing for unemployment benefits but I'm worried about what my employer will find out. Does the NYS Department of Labor contact your employer directly when you submit a claim? My situation is a bit complicated - I was let go last month but my former boss said some things that weren't exactly true about why I was terminated. I'm concerned they might give false information if unemployment calls them. Has anyone dealt with this before? What exactly does the NYS Department of Labor ask employers when they verify claims?

Ruby Knight

•

Yes, the NYS Department of Labor does contact your employer as part of the standard verification process. They send what's called a 'Notice of Unemployment Insurance Claim Filed' to your former employer within a few days of you filing. The employer has 10 days to respond with information about your separation, including whether they contest the claim. They'll ask about your last day worked, reason for separation, and any final wages paid.

0 coins

Nina Chan

•

Thanks for the info. Do they just send a form or do they actually call and interview the employer? I'm worried my boss will exaggerate things.

0 coins

They usually start with a written notice but if there are discrepancies or if the employer contests your claim, then yes they might do a phone interview. The employer can't just make stuff up though - they need documentation to support their claims. If you were fired for misconduct they have to provide specific examples and dates.

0 coins

Logan Stewart

•

What happens if the employer lies or provides false information? Can you challenge that somehow?

0 coins

Absolutely! If your claim gets denied based on employer information you disagree with, you can file an appeal. During the appeal hearing, both you and the employer present evidence and testimony. The administrative law judge makes the final decision based on the facts presented.

0 coins

Mikayla Brown

•

ugh this is exactly why i was scared to file too. my old manager was such a liar i knew she'd probably make up some BS about me. but honestly the NYS Department of Labor people seem pretty good at seeing through employer nonsense if you have your side of the story ready

0 coins

Nina Chan

•

Did your employer contest your claim? How did it work out?

0 coins

Mikayla Brown

•

yeah they tried to say i was fired for attendance issues but i had doctor notes for everything. took like 3 weeks longer to get approved but i eventually won the appeal

0 coins

Sean Matthews

•

If you're having trouble getting through to NYS Department of Labor to check on your claim status or get updates about employer responses, I used a service called Claimyr that helped me reach an actual agent. You can check it out at claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really saved me hours of trying to call the regular number and getting busy signals.

0 coins

Ali Anderson

•

Never heard of that before. Is it legit or just another scam?

0 coins

Sean Matthews

•

It's legitimate - they basically help you get through the phone queue to talk to actual NYS Department of Labor staff. I was skeptical at first too but it worked when I needed to clarify some adjudication issues with my claim.

0 coins

Zadie Patel

•

Keep all your documentation! Pay stubs, emails, performance reviews, disciplinary actions (if any), doctor notes for sick days, etc. If your employer contests the claim you'll want evidence to back up your side of the story. The NYS Department of Labor adjudicator will look at all the evidence from both sides.

0 coins

Ali Anderson

•

Just file already! You're entitled to benefits if you lost your job through no fault of your own. Don't let fear of what your employer might say stop you from getting the money you're owed. The worst thing that happens is they contest it and you have to go through an appeal process.

0 coins

Yuki Tanaka

•

I went through something similar last year. Yes, they do contact employers, but here's what I learned - document everything NOW before you file. Screenshot any text messages, save emails, and write down dates/times of conversations with your boss. If your employer tries to give false information, having your own documentation makes a huge difference. The NYS DOL investigators are pretty thorough and they've seen every trick in the book from employers trying to avoid paying into the system. Don't let fear of retaliation stop you from filing - you earned those benefits through your work history. Just make sure you're prepared with your side of the story backed up by whatever proof you have.

0 coins

This is really helpful advice! I'm in a similar situation where I'm worried about what my former employer might say. Quick question - when you say "document everything NOW," do you mean before filing the claim, or is it okay to gather documentation after filing but before the employer responds? I have some emails saved but I'm not sure if I can still access my work email to get more evidence.

0 coins

@Oliver Zimmermann - Definitely gather everything you can before filing, but don t'panic if you can t'access your work email anymore. The key is to collect whatever documentation you DO have access to right now. Personal emails, text messages to friends/family about work issues, photos of schedules or notices, bank records showing pay dates, etc. Even if you file first and then gather more evidence later, you can still submit additional documentation during the review process or appeal if needed. The important thing is to start building your timeline and evidence file as soon as possible. I d'also suggest writing down everything you remember about your termination while it s'still fresh - dates, who said what, any witnesses present. Your memory will be more reliable now than it will be weeks or months from now if this goes to an appeal hearing.

0 coins

I had a similar experience and want to reassure you - the NYS DOL process is actually pretty fair even when employers try to contest claims unfairly. In my case, my former employer claimed I was fired for "poor performance" but I had email evidence showing they were actually laying people off due to budget cuts. The key thing is that NYS DOL doesn't just take the employer's word for it. They look at the separation notice the employer filed, any unemployment insurance charges on the employer's account, and patterns of claims from that workplace. If your employer has a history of contesting valid claims, the adjudicators notice that. Also, remember that employers have to pay higher UI taxes when former employees collect benefits, so some will contest legitimate claims just to avoid those costs. Don't let that intimidate you from filing - you paid into this system through your paychecks and you have every right to collect when you need it.

0 coins

AstroAlpha

•

This is really encouraging to hear! I didn't realize that NYS DOL looks at patterns of employer behavior when reviewing claims. That makes me feel more confident about filing. Do you know if there's a way to see if other employees from the same company have filed claims recently? I suspect my former employer might have laid off more people than they're admitting, which could help my case if they try to claim it was performance-related.

0 coins

Zainab Ismail

•

@AstroAlpha Unfortunately, you can't directly access information about other employees' claims due to privacy laws, but there are some indirect ways to get a sense of what's happening. If you're still in touch with former coworkers, they might be willing to share their experiences voluntarily. Also, during the appeals process, sometimes patterns emerge in the evidence - like if the employer gives contradictory reasons for different separations or if their documented policies don't match what they're claiming. The NYS DOL adjudicators are trained to spot these inconsistencies. Another thing to consider is checking sites like Glassdoor or even LinkedIn to see if there's been unusual turnover at your former company recently. While this won't be direct evidence for your claim, it can help you understand the bigger picture of what was really happening at the workplace when you were terminated.

0 coins

Diego Ramirez

•

I just went through this process a few months ago and can share what actually happens. The NYS DOL sends an automated notice to your employer within 2-3 business days of filing called Form IA 12.3. Your employer has 10 calendar days to respond with details about your separation. Most of the time it's just paperwork - they fill out why you left, your last day, final wages, etc. Phone interviews only happen if there are major discrepancies or if the employer specifically contests your eligibility. Here's what helped me: I filed on a Sunday night and immediately started organizing all my documentation - final pay stub, any termination paperwork, emails, performance reviews. By the time my employer responded (they did contest initially), I had everything ready. The whole thing was resolved in about 3 weeks. Don't let anxiety about your former boss stop you from filing - you've earned these benefits through your work history and the system is designed to be fair to both sides. The investigators have seen every type of employer behavior and false claims, so they know what to look for.

0 coins

JacksonHarris

•

This is exactly the kind of detailed info I was looking for! Thank you for breaking down the timeline and process. It's really reassuring to know that investigators are experienced with employer tactics. One follow-up question - when you organized your documentation, did you submit it proactively with your initial claim, or did you wait until after your employer contested to provide the evidence? I'm trying to figure out if it's better to include supporting docs upfront or if that might actually draw unwanted attention to potential issues.

0 coins

Liam Murphy

•

@JacksonHarris Great question! I actually did both - I kept my initial filing simple and straightforward, just answering the basic questions honestly. But I had all my documentation organized and ready to go in case I needed it. The system doesn't really have a way to upload supporting docs with your initial claim anyway - it's more of a basic form asking about your work history, reason for separation, etc. I'd recommend NOT overthinking the initial filing. Just be honest and factual about why you left. The documentation becomes crucial if your employer contests the claim. When they did contest mine, I was able to quickly submit my evidence through the online portal and also brought copies to my phone hearing. Having everything organized ahead of time made me feel much more confident and prepared. The key is being ready to respond quickly once you know if there's going to be a dispute.

0 coins

Ana Rusula

•

I'm going through this exact situation right now and wanted to add some reassurance from my recent experience. Yes, NYS DOL does contact employers, but the process is actually more structured and fair than you might worry about. They send a standardized form (not just a random phone call where your boss can ramble), and employers have to provide specific information with documentation to back up any claims about misconduct or performance issues. What really helped my peace of mind was realizing that the NYS DOL investigators deal with dishonest employers all the time - they're trained to spot inconsistencies and require actual evidence, not just hearsay. If your boss tries to make false claims without proper documentation, it actually works against them. My advice: file your claim and focus on gathering your own evidence (emails, texts, pay stubs, any written communications about your termination). The system is designed to protect workers who legitimately qualify for benefits. Don't let fear of what your former employer might say prevent you from accessing benefits you've earned through your work contributions. The worst case scenario is a contestation that you can appeal with your evidence - but many times these things resolve smoothly without drama.

0 coins

@Ana Rusula This is really reassuring to hear from someone currently going through it! I ve'been putting off filing for weeks because I keep imagining worst-case scenarios with my former employer. Your point about the structured process versus random phone calls is especially helpful - I was picturing my boss getting some open-ended opportunity to trash talk me. Knowing that they need actual documentation to back up any claims makes me feel much more confident about moving forward. I think I ve'been letting anxiety paralyze me when I should just file and deal with any issues as they come up. Thank you for sharing your experience!

0 coins

@Aliyah Debovski I totally get that anxiety paralysis - I went through the same thing! What finally pushed me to file was realizing that every week I delayed was a week of benefits I was potentially missing out on. The retroactive payments only go back to when you actually file, not when you first became unemployed. And honestly, once I submitted the initial claim online which (only took about 20 minutes ,)I felt so much relief just having it done. The waiting and worrying was way worse than the actual process. Even if your employer does contest it, you ll'have weeks to prepare your response while still potentially receiving benefits. Don t'let your former boss have power over your financial security - you earned those benefits through your payroll deductions!

0 coins

PixelPioneer

•

I'm dealing with a very similar situation right now and can totally understand your concerns about what your employer might say. What's helped me is learning that NYS DOL has specific procedures in place to handle exactly these kinds of disputes. They don't just take anyone's word at face value - they require documentation and evidence. If your former boss makes claims about your termination, they need to back it up with written records, not just their opinion or version of events. The investigators are trained to look for red flags when employers provide inconsistent or unsupported information. I'd suggest starting to compile your own timeline of events while everything is still fresh in your memory - dates, witnesses, any written communications you have. Even if you don't have access to work emails anymore, you might have personal texts or emails where you mentioned issues to friends or family. The key thing to remember is that this system exists to help workers who lost their jobs through no fault of their own, and the people running it understand that some employers will try to avoid paying higher UI taxes by making false claims. Don't let fear keep you from filing for benefits you've rightfully earned!

0 coins

CosmicCruiser

•

@PixelPioneer This is such great advice about documenting everything while it's fresh! I'm actually in a really similar boat - got let go a few weeks ago and my manager said some things during the termination meeting that didn't match what actually happened. Reading everyone's experiences here is making me realize I need to stop overthinking this and just file. The part about personal texts and emails to friends is something I hadn't considered - I definitely vented to my family about workplace issues before I got fired, so those messages could actually be helpful evidence of the real timeline. It's reassuring to know that the NYS DOL investigators are experienced with employer tactics and won't just rubber stamp whatever story my former boss tries to tell. I think I'm going to file this weekend and focus on getting my documentation together rather than continuing to stress about what my employer might say.

0 coins

NeonNova

•

I've been in a very similar position and want to share what I learned from my experience. The NYS DOL does contact employers, but the process is much more standardized than you might fear. They send Form IA 12.3 which asks specific questions about your separation - it's not an open forum for your boss to vent or make unsubstantiated claims. If they want to contest your claim, they need actual documentation like write-ups, attendance records, or performance reviews. Here's what really helped me: I treated filing like building a case from day one. I gathered every piece of documentation I could find - final paystub, any termination paperwork, emails I had saved, even screenshots of my schedule or work assignments. I also wrote down everything I could remember about my last few weeks of employment while it was still fresh. The investigators at NYS DOL see dishonest employers all the time, so they're good at spotting inconsistencies. If your boss tries to claim you were fired for cause but can't provide proper documentation, it actually hurts their credibility. Don't let anxiety about their potential lies keep you from accessing benefits you've earned through your payroll contributions. The system has protections in place for exactly this type of situation.

0 coins

@NeonNova This is incredibly helpful! I love how you framed it as "building a case from day one" - that mindset shift makes me feel more empowered rather than just worried about what my employer might do. The detail about Form IA 12.3 being standardized questions rather than an open forum is exactly what I needed to hear. I've been imagining my former boss getting some kind of blank canvas to paint me however they want, but knowing it's structured questions that require documentation changes everything. I'm definitely going to start gathering my evidence this week and file soon. It's reassuring to know that if they can't back up their claims with proper paperwork, it actually makes them look bad rather than me. Thank you for sharing your experience - it's given me the confidence boost I needed!

0 coins

Sean Doyle

•

I just wanted to add that timing can be really important here. The sooner you file, the sooner the process starts, and you can't get retroactive benefits for weeks before you actually submit your claim. I delayed filing for almost a month because I was worried about the same thing - what my employer would say and whether they'd try to block my claim. That ended up costing me about $1,200 in benefits I could have received during that time. What I wish I had known earlier is that even if your employer contests the claim, you often still receive benefits during the appeal process (called "pending appeal benefits"). So the worst case scenario isn't that you get nothing while fighting - it's that you might have to pay some back if the final decision goes against you, which honestly is pretty rare if you were legitimately laid off or fired without cause. My employer did respond to the NYS DOL form and claimed I was terminated for "performance issues" but they couldn't provide any documentation of progressive discipline, performance improvement plans, or written warnings. The adjudicator saw right through it and approved my claim within two weeks. Don't let fear of your employer's potential dishonesty rob you of benefits you've earned and deserve!

0 coins

Owen Jenkins

•

@Sean Doyle This is such an important point about timing that I wish more people understood! I m'kicking myself because I ve'already been hesitating for about two weeks, and reading your comment about losing $1,200 in benefits really drives home what delaying actually costs. The part about receiving benefits during the appeal process is huge - I had no idea that was even possible. I was imagining having to wait months without any income if my employer contested, but knowing I might still get payments while things get sorted out makes this feel much less risky. Your experience with the adjudicator seeing through undocumented performance "issues is" exactly what I needed to hear. My situation is similar - they claimed poor performance but never actually put me on any improvement plan or gave me written warnings. It sounds like the NYS DOL investigators are pretty good at spotting these tactics. I m'definitely filing this week - thank you for the reality check about not letting fear cost me more money!

0 coins

New York Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today