Ex-employee contesting my unemployment claim with NYS Department of Labor - what happens next?
My former employer is contesting my unemployment claim and I just got notification from NYS Department of Labor about it. I was laid off due to budget cuts but apparently they're saying I was terminated for cause or something? I've never been written up or disciplined at this job. Has anyone dealt with this before? Do I need to provide documentation to prove I wasn't fired for misconduct? I'm really stressed because I need these benefits to pay rent while I look for work.
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Chloe Martin
When an employer contests your claim, NYS Department of Labor will conduct an investigation called adjudication. You'll likely receive a questionnaire asking for your side of the story. Make sure to respond with all details about your layoff and any documentation you have (termination letter, emails about budget cuts, etc.). The key is proving you weren't terminated for misconduct.
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AstroAce
•Thank you! I do have the email about layoffs being company-wide. Should I submit that with my response?
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Diego Rojas
ugh this happened to me too last year. my boss contested even though he laid me off. took like 3 weeks to resolve but i eventually got approved. just be honest about everything
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Anastasia Sokolov
You'll want to gather any witnesses who can verify you were laid off, not fired. Coworkers, emails about the layoffs, performance reviews showing you were a good employee. NYS Department of Labor takes employer contests seriously but they also investigate thoroughly. If you were truly laid off due to budget cuts, you should win the contest.
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Sean O'Donnell
•This is solid advice. I went through something similar and having my performance reviews really helped show I wasn't terminated for poor performance.
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Zara Ahmed
Wait, can employers just contest any claim they want?? That seems unfair if you were actually laid off. What if they're just trying to avoid paying into the unemployment system?
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Chloe Martin
•Employers can contest claims, but they need to provide evidence to support their position. NYS Department of Labor investigates both sides. Frivolous contests usually don't succeed, but it does delay your benefits unfortunately.
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StarStrider
I had trouble reaching anyone at NYS Department of Labor when my claim was contested. Kept getting busy signals for weeks. Finally used claimyr.com to get through to an actual agent who could explain the process and check my claim status. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Honestly saved me so much frustration trying to call myself.
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AstroAce
•How long did it take to get through with that service? I've been trying to call for days with no luck.
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