How long does my employer have to respond to NYS Department of Labor unemployment claim?
Filed for unemployment benefits 2 weeks ago after being laid off from my restaurant job. My claim is still showing as pending and I'm wondering how long my former employer has to respond to the NYS Department of Labor? I know they got some kind of notice but I haven't heard anything back yet. Getting worried because I need to pay rent next week and don't know if this delay is normal or if something went wrong.
35 comments


Zainab Omar
Employers typically have 10 calendar days from when NYS Department of Labor sends them the notice to respond to your claim. If they don't respond within that timeframe, your claim should move forward based on the information you provided when filing. However, they can still contest it later even after the initial deadline.
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QuantumQuasar
•That's helpful thanks! Do you know if weekends count toward those 10 days? It's been exactly 10 days including the weekend.
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Carmen Vega
Employers typically have 10 calendar days from when they receive the notice to respond to NYS Department of Labor. After that, your claim should move forward in the adjudication process. The delay you're experiencing is pretty common, especially if they're verifying employment details or questioning the separation reason.
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Yuki Kobayashi
•Thanks! So if it's been 2 weeks since I filed, they should have already responded by now? Does that mean my claim will be approved soon?
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Connor Gallagher
I had this same situation last year. My employer never responded and my claim was approved after about 2.5 weeks total. The NYS Department of Labor system automatically processes it if there's no employer response, but sometimes there are delays in their system updating the status online.
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Yara Sayegh
•Same here, took almost 3 weeks even though my employer didn't contest anything
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Keisha Johnson
If you're having trouble getting through to check on your claim status, I actually used a service called Claimyr that helps you reach NYS Department of Labor agents by phone. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling and getting busy signals when I needed to verify my claim details.
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Paolo Longo
•How much does something like that cost? Seems like we shouldn't have to pay extra just to talk to unemployment
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Keisha Johnson
•I get the frustration but honestly it was worth it for me since I couldn't get through any other way. The peace of mind knowing where my claim stood was valuable.
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Brianna Muhammad
Employers typically have 10 business days to respond to a separation notice from NYS Department of Labor. However, they can request extensions in certain circumstances. If they don't respond within the timeframe, the department may make a determination based on the information you provided in your claim.
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Camila Castillo
•That's actually reassuring to know there's a deadline. Do you know if they send any notification when the employer responds or doesn't respond?
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QuantumQuester
same thing happened to me - took almost 3 weeks before anything moved on my claim status, turned out the restaurant never responded at all and it eventually just got approved automatically
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Yuki Kobayashi
•That gives me hope! Did you keep filing your weekly claims during the wait or did you stop?
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QuantumQuester
•kept filing every week like they tell you to do, got backpay for all of it once it was approved
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Andre Moreau
If your employer doesn't respond within their 10-day window, NYS Department of Labor will typically process your claim based on the information you provided. However, if there are any red flags in your application or if the separation reason needs clarification, they might extend the adjudication period. You should definitely keep filing your weekly claims regardless of the pending status.
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Yuki Kobayashi
•What kind of red flags would cause delays? I was honest about everything on my application.
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Andre Moreau
•Things like discrepancies in dates, wages that don't match their records, or if you marked that you quit vs. being laid off. Usually nothing major, just verification stuff.
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JaylinCharles
same thing happened to me but it took like 3 weeks total before anything moved, even though my employer never contested it. the system is just really slow right now
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CosmicCowboy
Ugh the whole system is so slow!! I've been waiting 3 weeks for my employer response too and nothing. Meanwhile bills keep coming and my landlord doesn't care about NYS Department of Labor processing times. Why can't they just approve layoffs automatically??
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Zainab Omar
•I understand the frustration, but they need to verify eligibility even for layoffs. Sometimes employers contest claims citing performance issues or other factors that could affect your benefits.
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Amina Diallo
Just keep filing your weekly claims even while it's pending! That's super important or you'll lose those weeks of benefits. I almost made that mistake when I was in adjudication.
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Eloise Kendrick
The 10 business day rule is correct, but keep in mind that if your employer does respond and contests your eligibility, that's when the real adjudication process begins. They'll investigate further and may schedule a hearing. If your employer doesn't respond at all, you'll likely be approved once the deadline passes and they complete their review.
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Lucas Schmidt
•What happens if they respond on like day 9 or 10? Does that reset the whole timeline or do they still have to make a quick decision?
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Eloise Kendrick
•If they respond within the deadline, NYS Department of Labor will review both your information and your employer's response. The timeline then depends on how complex the case is and whether additional investigation is needed.
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Zoe Stavros
I had issues reaching NYS Department of Labor about my pending claim status last month. Kept getting busy signals and the online system wasn't helpful. Finally used claimyr.com to get through to an actual agent - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. The agent was able to tell me exactly where my claim stood and what was causing the delay.
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Yuki Kobayashi
•How much does that service cost? I'm already stressed about money and don't want to pay extra fees.
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Zoe Stavros
•It was worth it for me to get answers instead of waiting weeks wondering what was happening. Way better than calling 200 times and never getting through.
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Jamal Harris
This whole system is ridiculous!! Why does it take so long for them to process a simple layoff?? I've been waiting 4 weeks now and STILL no answers from NYS Department of Labor about when I'll get paid. Meanwhile bills keep coming and they act like we can just survive on air!
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Mei Chen
•I feel you, the waiting is the worst part especially when you're already stressed about money
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Liam Sullivan
Just to add - if your employer disputes your claim or says you were fired for misconduct instead of laid off, that can really drag out the process. They might schedule a hearing which adds weeks to the timeline. Hopefully that's not your situation but wanted to mention it as a possibility.
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Yuki Kobayashi
•Oh no, I definitely wasn't fired for misconduct. It was a clear layoff due to slow business. Hopefully that means things should move faster.
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Freya Collins
I had a really hard time getting through to anyone at NYS Department of Labor to check on my claim status when I was in a similar situation. Kept getting disconnected or put on hold for hours. I ended up using this service called Claimyr (claimyr.com) that basically calls and waits on hold for you, then connects you to an actual agent when they pick up. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made it so much easier to get real answers about my adjudication timeline.
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Camila Castillo
•That sounds too good to be true, how much does something like that cost?
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Freya Collins
•I was skeptical too but it actually worked. They don't ask for any personal info upfront, you just give them your callback number and they call you when they get an agent on the line.
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LongPeri
Just want to add my experience - my employer responded on day 8 but didn't contest anything, just confirmed the separation details. My claim was approved 3 days later. So even if they respond, it doesn't necessarily mean bad news!
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