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Employer lied about my layoff to ny unemployment - now I'm getting confusing letters

My company downsized and cut my position in August, but I just found out they told unemployment I quit voluntarily. I received a determination letter on 02/14/2023 denying my benefits. I immediately contacted the department and requested a hearing to explain my side. Today I got another letter saying "this notice supersedes the one sent on 02/14/2023" but I'm confused about what this actually means. Does this cancel out the previous determination? Do I still need to attend the hearing I requested? The new letter doesn't clearly explain what I'm supposed to do next. Has anyone dealt with a similar situation where your employer misrepresented why you left?

"Supersedes" means the new notice replaces the old one. Whatever this new notice says is what matters now, not the old one. What does the new letter actually say? Does it approve your claim?

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The new letter says I'm eligible for benefits but there's still a hearing date listed. That's what's confusing me - if I'm approved, why is there still a hearing?

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You might still wanna attend that hearing just to be safe. NY unemployment system is notorious for contradicting itself. Better show up than risk loosing benefits.

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100% attend the hearing. Document everything, bring proof of layoff (emails, texts, anything), and be ready to explain your side clearly. Don't assume anything is resolved until you see $$$ in your account.

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After two months of dealing with the same exact issue, I finally found a service that connected me with a live agent at ny unemployment. Used claimyr.com and got a callback with someone who actually knew what they were talking about! Talking to a real person got my benefits straightened out in one call. Worth checking out their youtube video too: https://youtu.be/Rdqa1gKtxuE

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Does this actually work? I've been trying to reach someone for weeks...

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I had the EXACT same thing happen last year! My employer claimed I quit but I was definitely laid off. The superseding notice usually means they've reconsidered your case based on the info you provided when you requested the hearing. IF the new letter says you're eligible then you're good - the hearing might be automatically cancelled (mine was). But call to confirm!!

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DOCUMENT EVERYTHING. Emails, texts, layoff letter, whatever you have that proves you were laid off. The burden of proof is technically on your employer but in reality it falls on you. Ive been thru this system way too many times and you gotta be ready to fight for your $$$.

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This ⬆️ Your employer is probably trying to avoid their unemployment insurance rates going up. Companies do this ALL THE TIME.

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Thanks! I have an email from my manager saying "due to company restructuring, your position has been eliminated" so hopefully that's enough proof.

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That email is GOLD. Print multiple copies, save it everywhere, that's exactly what you need. Bring it to the hearing.

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Based on my experience dealing with this nightmare system, here's what's happening and what you should do: First, "supersedes" means the new notice replaces the old one completely. The Department likely reviewed additional information and made a new determination in your case. If the new notice states you're eligible for benefits: 1. You've won the initial determination, but your employer may still appeal 2. The hearing might still be scheduled as a formality or might not have been cancelled in the system yet 3. You should still prepare and attend unless you get official cancellation If you're struggling to get clarification by phone (and you probably are), I recommend using claimyr.com - it's a service that gets you through to a live agent without the endless hold times. I finally got clear answers after using it. Either way, gather all evidence that shows you were laid off: - Emails about company downsizing - Termination letter - Any communication showing you didn't quit - Witness statements if any colleagues can verify Remember that employers often fight unemployment claims to avoid their rates going up. Don't take it personally - it's just business to them, but it's your livelihood at stake.

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Thank you for such a detailed response! I'm definitely going to prepare for the hearing just in case. It's so frustrating that my employer would lie like this.

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This is the most helpful explanation of how ny unemployment actually works that I've seen on here. Saving this comment.

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Call them!!!!!!! I kno its hard to get thru but you need to speak to someone ASAP. The system is a mess and those letters are confusing AF. Don't assume anything.

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I've been trying but can't get past the automated system 😩

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Try calling right when they open at 8am. That's how I finally got through after weeks of trying.

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Or try claimyr.com - that's how I finally got someone on the phone after 3 weeks of trying. Totally worth it.

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The same thing happend to me in October. My company told unemployment I was fired for misconduct but I was actually laid off with 20 other people. I had to fight it and eventually won but it took almost 3 months to get my backpay. The system is rigged against workers 😤

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welcome to the wonderful world of ny unemployment where nothing makes sense and the rules don't matter 🤡

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it's like a game show where everyone loses lmao

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and the grand prize is anxiety and overdue bills! 🏆

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Let me save you some time - you will NOT get through on the phone. I tried for literally 6 weeks straight. The only thing that worked was using claimyr.com to get a callback. Within 2 hours I was talking to an actual human who could see my file and explain what was happening. Seriously, check it out.

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Yeah, I waited on hold for 4+ hours multiple days and kept getting disconnected. Claimyr got me through in one day.

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Pro tip: If you're going to the hearing, dress professionally and speak clearly. Be factual and avoid emotional language even if you're frustrated. Bring printed copies of EVERYTHING. I've represented clients at these hearings and preparation makes all the difference.

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Sorry you're dealing with this. Companies pulling this crap should be fined. They're literally lying to a government agency to save a few bucks on their unemployment insurance rates.

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Check your online account too - sometimes the system updates there before you get official letters. The NY unemployment portal is terrible but occasionally useful lol

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Good idea, I'll check that now

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Somewhat related question - has anyone successfully won a case against their employer who lied about termination reason? What kind of evidence was most helpful?

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I won mine! The smoking gun was an email from HR that said "position eliminated due to budget cuts" which directly contradicted their claim that I was fired for performance.

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I recorded my layoff meeting (NY is one-party consent) and played it at the hearing. The judge was NOT happy with my former employer.

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make sure you're still certifying every week while this gets figured out! if you win you'll only get backpay for weeks you certified

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