How to avoid unemployment claims - employer trying to prevent workers from filing with NYS Department of Labor
My boss just told our whole team that if we get laid off next month, we shouldn't file for unemployment because it 'hurts the company's rating.' He said he'd give us good references if we promise not to file claims with NYS Department of Labor. This doesn't sound right to me - isn't unemployment insurance something we've been paying into? Can an employer actually prevent us from filing? I'm really confused about what my rights are here.
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Dylan Wright
Your employer absolutely CANNOT prevent you from filing for unemployment benefits. What he's suggesting is actually illegal - it's called unemployment fraud by intimidation. You have every right to file a claim with NYS Department of Labor if you're laid off through no fault of your own. The unemployment insurance system exists specifically for situations like this, and you've been contributing to it through payroll deductions.
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Fatima Al-Mazrouei
•Thank you! I was worried I might be doing something wrong by filing. Should I report what my boss said to someone?
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NebulaKnight
same thing happened at my old job!!! manager tried to scare everyone into not filing but we all did anyway and got our benefits no problem
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Sofia Ramirez
This is a serious issue. You should document what your employer said (write down dates, witnesses, exact words) and consider reporting this to the NYS Department of Labor's fraud hotline. Employers who try to discourage legitimate unemployment claims can face penalties. Also, their 'rating' (experience rating) is based on legitimate claims - that's how the system is designed to work.
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Dmitry Popov
•Wait, so if I file for unemployment it actually affects my employer somehow? I thought it was just insurance we pay into...
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Sofia Ramirez
•Employers pay unemployment insurance taxes, and their rates can increase based on how many former employees file successful claims. But that's the normal cost of doing business - they can't legally discourage you from filing legitimate claims.
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Ava Rodriguez
I had trouble getting through to NYS Department of Labor when I needed to report something similar. If you can't reach them through the regular phone lines, there's actually a service called Claimyr (claimyr.com) that helps you get through to agents faster. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I used it when I needed to report my employer for threatening workers about filing claims.
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Fatima Al-Mazrouei
•Thanks, I'll check that out if I can't get through the normal way. This whole situation is really stressing me out.
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Miguel Ortiz
Your boss sounds like a real piece of work. The whole point of unemployment insurance is to help workers when they lose their jobs. Don't let him intimidate you - file your claim if you get laid off and let NYS Department of Labor sort out whether it's valid or not.
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Zainab Khalil
File anyway if it happens. I've been laid off twice and filed both times. First time my employer tried to fight it but I still got my benefits because the layoff wasn't my fault.
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Fatima Al-Mazrouei
•Did it take long to get approved when your employer fought it?
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Zainab Khalil
•About 6 weeks total because it went to adjudication, but I eventually got all the back pay too.
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