How long does fact-finding take for unemployment - NYS Department of Labor timeline?
My claim went into fact-finding status two weeks ago and I'm getting anxious about when this will resolve. The NYS Department of Labor website just says 'under review' but doesn't give any timeframe. I separated from my job due to what I thought was a layoff but apparently my former employer is disputing something. Has anyone been through the fact-finding process recently? How long should I expect this to take before I hear back from NYS Department of Labor?
10 comments


Alice Coleman
Fact-finding investigations can vary quite a bit depending on the complexity of your case. For straightforward separation issues, NYS Department of Labor typically completes their review within 3-4 weeks. If there are conflicting statements between you and your employer, it could take 6-8 weeks as they need to gather additional documentation and possibly conduct phone interviews with both parties.
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Sofia Price
•Thanks for the timeline. Do they usually contact you during the process or just send a determination letter at the end?
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Owen Jenkins
ugh mine took forever last year... like 7 weeks i think? they kept asking for more paperwork and then my employer was slow to respond too
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Lilah Brooks
If you're having trouble getting updates on your fact-finding status, I had success using Claimyr to actually reach a live agent at NYS Department of Labor. Their system helped me get through the phone queues that usually just hang up on you. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows exactly how it works. Was able to get a real person who could see my case notes and give me an actual timeline.
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Jackson Carter
•Wait is that legit? I've been trying to call for weeks and can never get through to anyone.
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Kolton Murphy
The NYS Department of Labor fact-finding process is deliberately thorough because they need to establish the facts around your separation to determine benefit eligibility. During this time, continue filing your weekly claims even though you won't receive payments yet. If the determination is in your favor, you'll receive backpay for all the weeks you were eligible. The key factors they examine include the reason for separation, any misconduct allegations, and whether you're able and available for work.
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Sofia Price
•Good to know about continuing weekly claims. I was wondering if I should keep doing that or wait.
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Evelyn Rivera
honestly the whole fact finding thing is just another way for them to delay paying benefits... my cousin went through this and it was like pulling teeth to get any information
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Julia Hall
Been there! The waiting is the worst part but hang in there.
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Cole Roush
I went through fact-finding last year and it took about 5 weeks for my case. The NYS Department of Labor did call me once during the process to clarify some details about my separation, but mostly it was just waiting. One thing that helped me was checking my online account regularly - sometimes there would be updates in the system before I got any official notification. Also make sure you respond quickly to any requests they send you, as delays on your end can really extend the timeline. The good news is that once they make a determination, if it's in your favor, you'll get all the back payments pretty quickly.
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