How long does an employer have to dispute unemployment benefits in NY?
My employer just laid me off last week and I filed for unemployment right away. Everything seemed straightforward - they said it was due to company restructuring and gave me a severance package. But now I'm worried they might try to dispute my claim later. Does anyone know how long employers have to contest unemployment benefits after someone files? I want to know if I should be watching for anything or if there's a deadline they have to meet.
17 comments


Samantha Howard
In New York, employers typically have about 10 days from when they receive the Notice of Claim to respond and provide information about your separation. They can dispute the claim during this initial period, but they can also contest it later if new information comes up. The NYS Department of Labor will send them paperwork asking about why you left, your work performance, any misconduct issues, etc.
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Benjamin Kim
•Thanks! So even after those 10 days they could still dispute it? That's what I was worried about.
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Megan D'Acosta
yeah my old boss tried to fight my claim like 3 weeks after i got laid off, said i was fired for attendance but that was BS. still had to go through the whole adjudication process though
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Benjamin Kim
•How long did the adjudication take? I really can't afford to have my benefits delayed.
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Megan D'Acosta
•took about 5 weeks total but i eventually won. had to provide all my timesheets and stuff to prove they were lying
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Sarah Ali
Employers can actually dispute unemployment claims at several different points in the process. The initial response window is around 10 business days, but they can also protest during the adjudication phase, appeal decisions, and even request benefit charge relief later if they discover new information about misconduct or voluntary quit situations. If you were truly laid off due to restructuring and have documentation, you should be fine. Keep any paperwork from your employer about the layoff - severance agreements, WARN notices, company communications about restructuring, etc.
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Benjamin Kim
•I do have the severance paperwork that specifically mentions 'reduction in force due to business restructuring.' Should I upload that somewhere or just wait?
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Sarah Ali
•Keep it handy but don't upload anything unless NYS Department of Labor specifically requests documentation during an adjudication. Having that paperwork puts you in a strong position if they do contest.
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Ryan Vasquez
The whole system is designed to let employers drag things out as long as possible! They know most people can't afford to wait months for benefits so they'll throw up any roadblock they can. I've seen employers dispute claims 6+ months later claiming they 'just discovered' some policy violation. It's ridiculous.
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Avery Saint
•This is so true! My friend's employer waited until she'd been collecting for 3 months then suddenly claimed she quit voluntarily. Took forever to sort out.
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Taylor Chen
I had trouble reaching anyone at NYS Department of Labor when my employer disputed my claim last year. Spent weeks trying to get through on the phone to check my status. Finally found this service called Claimyr (claimyr.com) that helps you actually connect with unemployment agents by phone. They have a demo video that shows how it works: https://youtu.be/qyftW-mnTNI. Made a huge difference being able to talk to someone who could explain exactly what was happening with my adjudication process.
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Benjamin Kim
•How much does something like that cost? I'm already strapped for cash.
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Taylor Chen
•It was worth it for me to get answers quickly instead of waiting weeks wondering what was happening. You can check out their site for details.
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Keith Davidson
if you got laid off with paperwork saying restructuring you should be good. employers usually only fight claims when they think the person quit or got fired for something bad
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Mateo Silva
From my experience, employers have multiple opportunities to dispute claims throughout the process. The initial 10-day window is just the beginning - they can contest during adjudication, file appeals, and even request overpayment recovery later if they claim new evidence of misconduct. However, since you have clear documentation of a layoff due to restructuring and received severance, you're in a strong position. The key is that legitimate layoffs are much harder for employers to successfully dispute compared to terminations for cause. Just keep all your paperwork organized and respond promptly if NYS DOL requests any information from you.
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Chloe Martin
•This is really helpful to know! I was getting stressed thinking there might be some surprise dispute coming weeks from now, but it sounds like having that severance documentation with the restructuring language should protect me. I'll definitely keep everything organized and watch for any requests from NYS DOL. Thanks for breaking down all the different points where they could potentially contest - at least now I know what to expect.
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NeonNebula
Just went through this exact situation last month! My employer had 10 business days to respond to the initial claim, but they can actually dispute it much later too. What really matters is that you have that severance paperwork stating it was due to restructuring - that's golden. I'd recommend setting up text alerts through the NYS DOL website so you get notified immediately if there are any changes to your claim status. That way if they do try to dispute it later, you'll know right away and can respond quickly. Since it was a legitimate layoff with documentation, you're in a much better position than someone who got fired for cause.
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