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Lindsey Fry

Does your previous employer have to approve unemployment benefits in NYS?

I got laid off from my marketing job two weeks ago and filed for unemployment right away. My friend told me that my old employer has to approve my claim before I get any money. Is this true? I'm worried because things didn't end on the best terms with my supervisor. Can they block my unemployment benefits? The NYS Department of Labor website doesn't really explain this clearly and I can't get through on the phone.

Saleem Vaziri

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Your employer doesn't approve or deny your claim - that's the NYS Department of Labor's decision. However, your employer will be notified when you file and they have the right to contest it if they believe you weren't eligible (like if they fired you for misconduct). If they contest it, your claim goes into adjudication where NYS Department of Labor investigates both sides.

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Lindsey Fry

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That makes me feel better. So even if they contest it, I might still get benefits if NYS Department of Labor decides in my favor?

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Kayla Morgan

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been there, my last boss was a total nightmare and tried to fight my claim saying i quit when i was actually laid off. took about 3 weeks for nys department of labor to sort it out but i got approved and even got back pay for those weeks

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Lindsey Fry

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Did you have to do anything special to prove you were laid off and didn't quit?

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Kayla Morgan

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i saved the email where they told me about the layoffs and had a coworker who could back up my story. nys department of labor called and asked questions but it was pretty straightforward

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James Maki

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I had trouble reaching NYS Department of Labor when my claim was being contested. Spent weeks trying to call during their busy hours. Finally used this service called Claimyr (claimyr.com) that got me through to an actual agent in like 20 minutes. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped me get my adjudication resolved faster.

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sounds too good to be true... how much does something like that cost?

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James Maki

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Actually wasn't expensive at all compared to weeks of lost benefits. Just needed help getting through their phone system since I kept getting disconnected.

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Cole Roush

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The NYS Department of Labor system is so backwards! Why should employers even have a say in this? We pay into unemployment insurance through our paychecks but then they can just lie and try to block us from getting benefits. It's ridiculous that you have to worry about this when you're already stressed about losing your job.

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I get the frustration but there has to be some process to prevent fraud. Some people do try to game the system.

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Arnav Bengali

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Most employers don't contest unemployment claims unless they have a really good reason. It takes time and paperwork on their end too. If you were laid off due to business reasons, you should be fine. Just make sure you keep filing your weekly claims even if your case is in adjudication.

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Lindsey Fry

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Good point about filing weekly claims. I was wondering if I should stop doing that if there's a problem with my claim.

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