How long does fact finding take for unemployment claims with NYS Department of Labor?
My unemployment claim has been stuck in fact finding for almost 6 weeks now and I'm starting to panic. I got laid off from my warehouse job in December and filed right away. Everything seemed fine at first but then I got a notice about fact finding regarding my separation from employment. I submitted all the paperwork they requested including my termination letter and HR contact info. The my.ny.gov portal just shows 'fact finding in progress' with no updates. I've been doing my weekly certifications but haven't received any payments. How long does this process usually take? I'm behind on rent and really need to know if there's anything else I can do to speed this up.
11 comments


Zoe Papadakis
Fact finding can take anywhere from 2-8 weeks depending on how complex your case is and how quickly your former employer responds. Since you were laid off, it should be straightforward unless there's some dispute about the circumstances. The NYS Department of Labor has to contact your employer and give them time to respond, then review all the information before making a determination. Keep doing your weekly claims even though you're not getting paid yet - when it resolves you'll get back pay for all eligible weeks.
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Andre Dupont
•Thanks for the info. My employer was pretty clear it was a layoff due to reduced business, so hopefully that makes it easier. Do you know if there's any way to check on the status or get an update?
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ThunderBolt7
I went through fact finding last year and it took exactly 7 weeks. The worst part is the waiting with no communication. Mine was also for separation circumstances and once they finally made the determination, I got approved and received all my back payments within a few days. Just hang in there and keep certifying!
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Jamal Edwards
If you need to actually speak to someone about your fact finding case, I had luck using a service called Claimyr that helps you get through to NYS Department of Labor agents. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I was able to get an update on my case status and found out my employer hadn't responded yet, which explained the delay. Sometimes just knowing what's causing the hold-up helps with the anxiety.
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Andre Dupont
•That's interesting, I didn't know there were services to help with getting through. The regular phone lines are impossible - I've tried calling dozens of times.
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Mei Chen
ugh the fact finding process is THE WORST!!! I'm going through it right now too and it's been 4 weeks with absolutely nothing. they act like we don't have bills to pay while they take their sweet time investigating obvious layoffs. the whole system is broken and designed to discourage people from claiming benefits they're entitled to
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Liam O'Sullivan
same boat here, week 5 of fact finding hell. at least you have a termination letter - my company just told me verbally and now there's confusion about whether I quit or was laid off. this process makes no sense
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Zoe Papadakis
•You should contact your HR department and request written documentation of your termination. Without clear documentation, fact finding will definitely take longer as they try to sort out conflicting information.
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Amara Okonkwo
Just wanted to say keep your head up! I know 6 weeks feels like forever when you're stressed about money. My fact finding took about 5 weeks but once it was approved everything moved quickly. The back pay really helped catch up on everything I'd fallen behind on.
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Paolo Conti
I'm in a similar situation - filed in January after being laid off from my retail job and I'm now at week 8 of fact finding. What's really frustrating is that I called my former manager and they confirmed they already responded to NYSDOL weeks ago saying it was a clear layoff due to store closure. Yet my case is still "pending determination." I've been surviving on savings but that's almost gone now. Has anyone had luck reaching out to their local assemblyperson or senator's office? I heard they sometimes have caseworkers who can help push these things along when they're taking unreasonably long.
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Edison Estevez
•That's a great suggestion about contacting your assemblyperson or senator! I hadn't thought of that but it makes sense they would have people who can help navigate state agency issues. 8 weeks is definitely unreasonable, especially when your employer already confirmed it was a layoff. You might also try documenting everything - dates you submitted paperwork, when your employer responded, etc. Having a timeline could help when you reach out for assistance. I really hope you get some movement on your case soon!
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