Does your employer have to approve unemployment benefits with NYS Department of Labor?
I'm really confused about something and hoping someone can clear this up for me. I got laid off from my job two weeks ago and filed for unemployment benefits through the NYS Department of Labor website. My friend told me that my employer has to approve my claim before I can get benefits, but that doesn't sound right to me? I thought unemployment was through the state, not my company. My claim status just says 'under review' and I'm worried my old boss might try to block it since we didn't part on the best terms. Can employers actually stop you from getting unemployment benefits?
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Kyle Wallace
No, your employer doesn't 'approve' your unemployment claim. The NYS Department of Labor makes the final decision based on the circumstances of your job separation. However, your employer does get notified when you file and they can contest the claim if they believe you were fired for misconduct or quit voluntarily. If they contest it, your claim goes into adjudication where NYS Department of Labor investigates both sides of the story.
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Malia Ponder
•Oh that makes more sense! So they can't just say no for no reason? What would count as misconduct that would actually disqualify me?
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Ryder Ross
Your employer gets a notice from NYS Department of Labor about your claim and has 10 days to respond. They need to provide specific documentation if they want to contest it - they can't just say they don't want you to get benefits. Most employers don't bother contesting layoffs unless there's a real issue. The 'under review' status is normal and usually just means they're waiting for the employer response period to end.
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Gianni Serpent
•this happened to me and my employer never responded so my claim was automatically approved after like 2 weeks
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Malia Ponder
Wait, so if I was laid off due to lack of work, my employer would have no valid reason to contest it right? They told me it was just budget cuts and they had to let go of several people in my department.
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Kyle Wallace
•Correct - layoffs due to lack of work, budget cuts, or business closure are qualifying separations for unemployment benefits. Your employer would have no grounds to contest that type of separation.
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Henry Delgado
I had such a hard time getting through to someone at NYS Department of Labor when my claim got stuck in adjudication for weeks! Kept calling and either got busy signals or got disconnected after waiting on hold forever. Finally found this service called Claimyr that helped me get through to an actual agent who could explain what was happening with my case. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows exactly how it works. Made such a difference being able to talk to a real person instead of just staring at my account online wondering what was going on.
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Olivia Kay
•How much did that cost? Seems like we shouldn't have to pay extra just to talk to them about our own benefits.
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Henry Delgado
•I was frustrated about the same thing but honestly it was worth it to get answers and move my claim along. The regular phone system was just impossible.
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Joshua Hellan
The whole system is messed up. Employers hold way too much power over whether we can survive after losing our jobs. Even if they can't technically 'block' your claim they can make the process a nightmare by contesting it and dragging out the adjudication process for months.
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Jibriel Kohn
•I mean yeah the system isn't perfect but at least there are protections in place. If you were legitimately laid off the employer can't just lie about it - NYS Department of Labor investigates and looks at documentation.
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Yuki Sato
Just wanted to add that even if your employer does contest your claim, don't panic! I went through this last year when my former employer tried to claim I was fired for poor performance (which wasn't true - I was actually laid off). The adjudication process took about 3 weeks, but NYS Department of Labor was thorough and fair. They asked for my side of the story, looked at my employment records, and ultimately approved my benefits. The key is to respond promptly to any requests for information and be honest about what happened. Document everything you can about your layoff - emails, notices, anything that shows it was due to budget cuts rather than your performance.
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Ayla Kumar
•This is really helpful to know! I'm glad you shared your experience. It's reassuring that the Department of Labor actually investigates properly instead of just taking the employer's word for it. I'm going to start gathering any documentation I have about the layoff right now - I think I still have the email where my manager explained it was due to budget constraints. Thanks for the advice about responding quickly too, I'll make sure to check my account daily in case they need anything from me.
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Anna Stewart
Based on what everyone's shared here, it sounds like you should be fine since you were laid off due to budget cuts. That's exactly the type of separation unemployment benefits are designed for. The "under review" status is totally normal - they're probably just waiting for the standard response period from your employer to pass. Most employers don't waste time contesting legitimate layoffs since they'd need actual documentation to support their case. Keep checking your account regularly and make sure your contact info is up to date in case they need any additional information from you. The whole process can feel stressful when you're waiting, but layoffs for budget reasons are pretty straightforward cases.
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