Employer denial causing NY unemployment rejection after 8 weeks of calling - disability discrimination case

This sounds like a major miscommunication between NYSDOL and your employer. Here's what you need to do immediately: 1. File an appeal within 30 days of the determination notice. This is CRITICAL - don't miss this deadline! 2. Request all your claim documents from NYSDOL through an official records request (use form TC-1) 3. Get a written statement from your HR director stating they did not protest your claim 4. Resubmit ALL your medical documentation with delivery confirmation 5. Include a detailed timeline of your reasonable accommodation requests and subsequent termination Since this involves potential disability discrimination, you may also want to file a complaint with the NYS Division of Human Rights - this strengthens your unemployment case.

omg this EXACT thing happened to me last year!! The unemployment people kept saying my company was fighting my claim but when I talked to my old boss he said they never did that. Turned out some new person in their HR department checked the wrong box on some form. It was a total nightmare getting it fixed tho tbh

Had similar issues back in January. You're going to keep getting the runaround if you just keep calling the regular unemployment number. After 3 weeks of getting nowhere, I found this service called Claimyr (claimyr.com) that got me through to an actual agent in under 20 minutes. They have a video showing how it works: https://youtu.be/Rdqa1gKtxuE Worth every penny especially for complicated cases like disability discrimination where you need to talk to someone with authority who can actually review your documents while you're on the phone.

Wait for the determination letter before you do ANYTHING! It will have specific information about why they denied your claim. Also DOCUMENT EVERYTHING from this point forward. Names, dates, times of everybody you talk to at both unemployment AND your former company. Disability discrimination is serious and you might have TWO separate cases here - one for unemployment benefits and another for wrongful termination. Don't mix these up! Focus on getting your benefits first, then pursue the discrimination case.

NYSDOL IS THE WORST!!!!! I had all my paperwork "lost" THREE SEPARATE TIMES during my claim last year!!! They do this on purpose to discourage people from collecting benefits we're entitled to. And good luck getting anyone on the phone who knows what they're talking about. Half the time they contradict what the last person told you. The whole system is designed to wear you down until you give up.

This reminds me of when I applied for benefits last summer after my restaurant closed. My employer didn't protest but somehow unemployment had them listed as saying I quit voluntarily which was totally untrue. Turns out there was a coding error in their system where employer non-response gets automatically coded as a protest in some cases. So frustrating. They require employers to respond within 10 days, and if they don't, it can trigger weird results in their system. Ask your HR to proactively contact NYSDOL to clarify they aren't protesting your claim. This can often be faster than appealing.

Based on everything you've shared, you're dealing with three separate issues: 1. Administrative error - your documentation wasn't properly processed 2. Employer communication issue - NYSDOL thinks there's a protest when there isn't 3. Potential discrimination case - which requires additional evidence For the fastest resolution, focus on #2 first. Get your former employer to send a letter to NYSDOL stating they are NOT protesting your claim. Have them send it to both the general unemployment office AND to your specific claims examiner (get their name and ID number). This approach has resolved similar cases in 1-2 weeks versus the months an appeal might take.

just wondering did u ever try faxing ur documents? sometimes the online portal loses stuff but fax still works for some reason. my cousin had similar problm and faxed everything and suddenly they "found" all his missing paperwork lol

my anxiety is through the roof just reading about your situation! i'm supposed to apply for unemployment next week after my contract ends and now i'm terrified the same thing will happen to me! did you save copies of everything you sent them originally?? please tell me you did!

Update us when you get that determination letter! The exact wording will determine your next steps. While you're waiting, compile a chronological list of every interaction you've had with both NYSDOL and your former employer including dates, times, and names. This timeline will be extremely valuable during your appeal hearing. Also, if you're struggling financially while this gets resolved, you can request an emergency hearing due to financial hardship. This can sometimes speed up the process by 2-3 weeks.