How long does employer have to deny unemployment claim in NYS?
My former employer hasn't responded to my unemployment claim yet and it's been almost 2 weeks since I filed. I was let go from my retail job for what they called 'performance issues' but I think it was really because I complained about unsafe working conditions. Does anyone know how long employers have to contest or deny a NYS Department of Labor unemployment claim? I'm worried they're going to wait until the last minute and mess up my benefits.
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Zane Hernandez
In New York, employers typically have 10 calendar days from when they receive the notice from NYS Department of Labor to respond and contest your claim if they want to. If they don't respond within that timeframe, your claim will usually be approved automatically. The 10-day period starts from when they get the official notice, not when you filed.
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Cassandra Moon
•Thank you! So if it's been 2 weeks since I filed, they probably already got their notice. Does that mean I should hear something soon?
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Genevieve Cavalier
yeah my old job waited until day 9 to contest mine lol they love doing that!! but dont worry if they miss the deadline they cant do anything about it later
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Ethan Scott
The employer response deadline is actually crucial for your claim timeline. After they respond (or fail to respond), NYS Department of Labor will make an initial determination. If your employer contests the claim citing misconduct or performance issues, you'll likely go into adjudication where they'll investigate both sides. Keep all documentation about your termination and the safety complaints you mentioned - those could be relevant if this becomes a wrongful termination vs. misconduct dispute.
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Cassandra Moon
•I do have emails about the safety issues I reported. Should I upload those to my account now or wait to see if they contest it?
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Ethan Scott
•Upload them now through your my.ny.gov account. It's better to have documentation ready before adjudication starts rather than scrambling to find it later.
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Lola Perez
I had a similar situation last year where I couldn't get through to NYS Department of Labor to check my claim status after my employer contested it. Spent hours on hold getting disconnected. Finally used this service called Claimyr (claimyr.com) that actually got me connected to a real agent in like 20 minutes. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Honestly saved me so much frustration when I needed to know what was happening with my adjudication.
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Nathaniel Stewart
•Never heard of that but the phone system is absolutely terrible. How much does something like that cost?
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Lola Perez
•It was worth it for me since I needed answers quickly about my claim status. Way better than spending entire days trying to get through on my own.
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Riya Sharma
The whole system is set up to favor employers anyway. They get all this time to respond but we have to file our weekly claims perfectly on time or lose benefits. Classic NYS Department of Labor bureaucracy.
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Santiago Diaz
Keep filing your weekly claims even if your employer contests! A lot of people stop filing thinking they have to wait for the decision but you'll lose those weeks if you don't certify. You can always pay back overpayments later if needed but you can't go back and claim weeks you missed.
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Cassandra Moon
•Good point, I've been filing every week just in case. Better safe than sorry with NYS Department of Labor rules.
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Fatima Al-Suwaidi
Just wanted to add that if your employer does contest the claim, don't panic! I went through adjudication last year and it took about 3-4 weeks to get a determination. The fact that you have documentation about the safety issues you reported could actually work in your favor - retaliation for reporting workplace safety violations is illegal and can strengthen your case. NYS Department of Labor adjudicators do consider the circumstances around terminations. Keep detailed records of everything and stay on top of your weekly certifications like Santiago mentioned. The process is stressful but manageable if you stay organized.
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