How can employer deny unemployment benefits in NY - got terminated and they're fighting my claim
I got fired from my retail job two weeks ago and filed for unemployment right away. Today I got a notice from NYS Department of Labor saying my employer is contesting my claim and now it's in adjudication. I thought unemployment was automatic if you get terminated? Can employers really just deny your benefits like this? I'm confused about what happens next and how long this process takes.
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Daniel Rivera
Employers can definitely contest claims - they have 10 days to respond after NYS Department of Labor notifies them. Common reasons include claiming you were fired for misconduct, quit voluntarily, or weren't available for work. The adjudication process investigates both sides before making a decision.
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Owen Devar
•They said I was fired for attendance issues but I was only late a few times because of childcare problems. Does that count as misconduct?
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Sophie Footman
Your employer pays into the unemployment system so they have a financial interest in keeping their rates low by fighting claims. They can claim misconduct, job abandonment, or that you quit. NYS Department of Labor will review documentation from both sides during adjudication.
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Connor Rupert
•This is exactly what happened to me last year! My boss said I quit but I was actually laid off due to slow business.
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Molly Hansen
omg this is so stressful!! my employer is doing the same thing to me right now and its been 3 weeks with no money coming in. i don't understand why they can just lie and hold up our benefits like this
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Daniel Rivera
•I know it's frustrating but hang in there. Document everything - save any texts, emails, or written warnings related to your termination. This evidence will help during the adjudication review.
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Brady Clean
If you're having trouble reaching someone at NYS Department of Labor about your adjudication status, I used this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Was much easier than trying to call myself and getting hung up on constantly.
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Owen Devar
•Thanks I'll check that out. I've been calling the NYS Department of Labor number all week with no luck getting through to anyone who can explain what's happening with my case.
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Skylar Neal
Yeah this whole system is rigged against workers. Companies know most people can't afford to fight these decisions so they contest everything hoping you'll just give up. THE NYS Department of Labor SHOULD BE ON OUR SIDE NOT THEIRS!!!
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Vincent Bimbach
•totally agree, went through this nightmare last summer and it took 2 months to get my benefits approved
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Sophie Footman
The key is understanding that unemployment isn't automatic even when you're terminated. NYS Department of Labor has to determine if the termination was for cause (misconduct) or not. Attendance issues can be tricky - it depends if you followed company policy for reporting absences and if there were legitimate reasons.
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Owen Devar
•I always called in when I was going to be late and HR knew about my childcare situation. I have texts showing I communicated with my supervisor about it.
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Jamal Anderson
I went through this exact situation last year and it's really nerve-wracking but you have a good chance if you have documentation. Since you have texts showing you communicated about childcare issues and called in when late, that works in your favor. NYS Department of Labor will look at whether your employer had clear attendance policies, if they gave you progressive discipline (warnings before termination), and if your reasons were legitimate. Childcare issues are generally considered valid reasons for attendance problems. Make sure to submit all your text messages and any emails as evidence during the adjudication process. It took about 6 weeks for my case to be resolved but I did get approved in the end.
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Gabriel Graham
•This is really helpful to hear from someone who went through the same thing! 6 weeks feels like forever when you're waiting for benefits but it's good to know there's hope. Did you have to do a phone interview during your adjudication process or was it all based on the documentation you submitted?
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