How long does a protest take for unemployment benefits at NYS Department of Labor?
My former employer filed a protest against my unemployment claim about 6 weeks ago and I still haven't heard anything back from NYS Department of Labor. My weekly claims are stuck in pending status and I can't get any information about when this will be resolved. The automated system just says 'your claim is under review' but gives no timeframe. Has anyone dealt with employer protests before? How long should I expect this to take? I'm really stressed about my bills piling up while this drags on.
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Freya Larsen
Employer protests can take anywhere from 4-12 weeks depending on the complexity of the case and NYS Department of Labor's current workload. During this time, your weekly claims will remain pending but you should continue filing them. The adjudication process involves reviewing documentation from both you and your employer before making a determination.
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Ravi Sharma
•12 weeks?? That's insane. How am I supposed to survive that long without any income? Should I be doing anything else besides filing my weekly claims?
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Omar Hassan
ugh same boat here, been waiting 8 weeks for my protest to resolve. employer claimed i quit but i was actually laid off due to restructuring. its so frustrating not knowing whats happening
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Chloe Taylor
Make sure you keep detailed records of everything - your termination paperwork, any emails with your employer, witness statements if you have them. When NYS Department of Labor does contact you for your side of the story, you'll want all that documentation ready. Also check if you're eligible for any emergency assistance programs while you wait.
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Ravi Sharma
•Good point about the documentation. I saved all my emails but didn't think about getting witness statements. My coworker saw the whole thing go down.
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ShadowHunter
I was in a similar situation last year and honestly got nowhere trying to call NYS Department of Labor directly - always busy signals or long holds that ended in disconnections. I ended up using this service called Claimyr (claimyr.com) that actually got me through to a real person at NYS Department of Labor within a day. They have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Was able to get a status update on my protest and find out what additional info they needed from me.
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Diego Ramirez
•Never heard of that service but honestly anything is better than sitting on hold for hours. Did they charge you for it though?
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ShadowHunter
•Yeah there's a fee but it was worth it to actually talk to someone and get my case moving. Way cheaper than missing more weeks of benefits.
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Anastasia Sokolov
The whole protest system is broken IMO. Employers can just file frivolous protests to delay payments and there's no penalty for them. Meanwhile we're the ones who suffer financially while they take their sweet time investigating.
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Sean O'Connor
•So true! My old boss filed a protest even though he fired me for attendance issues that were totally legitimate sick days. Just being vindictive.
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Molly Chambers
I went through this exact situation 3 months ago and it took about 10 weeks for my protest to be resolved. The waiting is absolutely brutal, especially when bills keep coming. A few things that helped me: 1) I called my local assemblyperson's office and they were able to put in an inquiry on my behalf which seemed to speed things up a bit, 2) I applied for emergency food assistance and utility help through 211 while waiting, and 3) I made sure to document every single interaction and keep copies of all paperwork. The good news is that once it's resolved, you'll get all the back pay for those pending weeks. Hang in there - I know it feels hopeless but it will get sorted out eventually.
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