Employer denied my unemployment claim - what to do next with NYS Department of Labor?
My former employer is fighting my unemployment benefits and told NYS Department of Labor I was fired for misconduct which is completely false. I was laid off due to company downsizing in December but now they're claiming I violated company policy. My claim has been in adjudication for two weeks and I'm getting really stressed about this. Has anyone dealt with employer pushback like this? What documentation do I need to prove my case to NYS Department of Labor?
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Sophia Carter
This happens more often than you'd think unfortunately. The good news is that employers have to provide actual proof of misconduct, not just make claims. NYS Department of Labor will schedule a hearing where both you and your employer present evidence. Start gathering any documentation you have - emails about the layoff, your termination letter, witness contact info, etc. You have rights in this process.
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Aaron Boston
•Thank you! I do have the email about company restructuring and my manager even mentioned budget cuts. Should I contact my former coworkers who were also laid off?
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Chloe Zhang
ugh same thing happened to me last year, my old boss tried to claim I was always late when really they just wanted to avoid paying higher unemployment taxes. took forever to get resolved but I eventually won the hearing
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Brandon Parker
Document everything and request your personnel file from HR immediately. Under NY law they have to provide it within a reasonable time. Also check if your company has any written policies about layoffs vs terminations - if they didn't follow their own procedures that works in your favor. The adjudication process usually takes 3-4 weeks but can be longer if there's a hearing scheduled.
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Adriana Cohn
•Wait how do you request your personnel file? Do I just call HR or is there a special form I need to fill out?
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Jace Caspullo
I had a similar situation where I couldn't get through to anyone at NYS Department of Labor to check on my adjudication status. A friend told me about this service called Claimyr (claimyr.com) that helps you actually reach a real person at the unemployment office. I watched their demo video (https://youtu.be/qyftW-mnTNI) and decided to try it. Got connected to an agent within an hour who walked me through exactly what documents I needed for my hearing. Might be worth looking into if you're having trouble getting answers.
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Aaron Boston
•Interesting, I've been trying to call for days and either get busy signals or get disconnected after waiting an hour. How does that service work exactly?
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Melody Miles
just wanted to say hang in there, fighting these things is so stressful but you'll get through it
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Nathaniel Mikhaylov
Companies do this all the time to try to get out of paying into the unemployment fund. It's disgusting how they'll lie about good employees just to save a few bucks on their taxes. The whole system is rigged against workers and NYS Department of Labor doesn't make it any easier with their impossible phone system.
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Chloe Zhang
•so true, my employer tried to claim I quit voluntarily when I had been asking about severance packages for weeks before they finally laid me off
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