How long does the employer have to respond to unemployment claim - NYS Department of Labor timing rules?
Filed my unemployment claim last Thursday and wondering what the timeframe is for my former employer to respond back to NYS Department of Labor. My claim status still shows pending and I'm getting anxious about whether they're going to contest it or not. Does anyone know the official deadline employers have to submit their response? Also curious if there's any way to tell if they've already responded or if I just have to wait it out until adjudication is complete.
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NebulaNinja
Employers in New York have 10 calendar days from when they receive the notice to respond to NYS Department of Labor about your claim. After that 10-day period, if they haven't responded, the department typically processes your claim based on the information you provided. However, even if they miss the deadline, they can still submit a late response during the adjudication process.
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Giovanni Mancini
•That's helpful, thanks! So if it's been 8 days since I filed, they still have 2 more days to get their response in. Do you know if weekend days count toward those 10 calendar days?
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NebulaNinja
•Yes, weekend days do count. It's 10 calendar days, not business days. So if they got the notice on Friday, they'd have until the following Monday (10 days later) to respond.
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Fatima Al-Suwaidi
my employer waited until day 9 to contest my claim last year, was super stressful not knowing! they can definitely wait until the last minute to respond
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Giovanni Mancini
•Ugh that's exactly what I'm worried about. Did your claim end up getting approved even though they contested it?
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Dylan Mitchell
If you're having trouble getting updates on your claim status or need to speak with someone at NYS Department of Labor about the timeline, I had good luck using Claimyr (claimyr.com) to get through to an actual agent. They have this system that calls the unemployment line for you and gets you connected. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped when I was stuck in adjudication limbo.
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Sofia Morales
•Never heard of this service before. Is it legit? The regular unemployment phone line is impossible to get through to.
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Dylan Mitchell
•Yeah it's legitimate, just helps you get past the busy signals and hold times. Saved me hours of calling and redialing when I needed to check on my claim status.
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Dmitry Popov
The whole system is ridiculous if you ask me. Why should we have to sit around for 10+ days wondering if our former employer is going to screw us over? They should have to respond within 3 business days MAX. NYS Department of Labor lets these companies drag their feet while we can't pay our bills.
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Ava Garcia
•I mean I get the frustration but employers need time to gather documentation and review the circumstances too. 10 days seems reasonable.
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StarSailor}
Just went through this same situation 2 months ago. My employer never responded at all and my claim was approved after about 2 weeks total. Sometimes no response works in your favor because NYS Department of Labor processes it based on your side of the story only. Keep filing your weekly claims even while it's pending!
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Giovanni Mancini
•Good to know, thanks! I've been keeping up with my weekly claims just in case. Hoping they don't respond and it just goes through smoothly.
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