How to file a legal complaint or writ of mandamus against NY unemployment DOL when claims stall

Yes, you can file a writ of mandamus, but it's not as simple as filling out a form. A writ of mandamus is essentially asking a court to order a government agency (in this case NYSDOL) to perform their legally required duties. Here's what you need to know: 1. You'll need to file in New York Supreme Court (which is actually the trial-level court in NY) 2. You'll need to demonstrate that you've exhausted all administrative remedies 3. The filing fee is around $210 as of 2025 4. You should have documentation of all your attempts to resolve this through normal channels Honestly, before going the legal route, have you tried contacting your state senator or assembly member? Their constituent services can often cut through red tape faster than legal action.

I went thru this last year!!! Filed a complaint with the governor's office online form and 2 weeks later my claim was magically "fixed" and I got backpay. try that first before courts. courts take FOREVER and cost $$

Dealing with DOL can be incredibly frustrating when your benefits are delayed. Before pursuing a writ of mandamus, which is a complex legal process, I'd recommend trying these escalation steps first: 1. File an official complaint through the DOL website (use the 'Contact Us' form and specifically request an investigation) 2. Contact your state representatives (both Assembly and Senate members) 3. File a complaint with the NY State Inspector General's office 4. Reach out to legal aid organizations that specialize in unemployment issues If you do decide to pursue a writ, be aware that while you can file pro se (without a lawyer), having legal representation significantly increases your chances of success. The NY Courts website has self-help resources if you decide to go that route.

before u do anything legal have u tried calling really early in the morning? i had same issue last month and finally got thru at 7:31am right when they opened. waited 45 min but got a real person who fixed everything

After spending weeks unable to get through to NYSDOL about my stalled claim, I finally used Claimyr (claimyr.com) and got connected to an agent in about 20 minutes. Cost me a bit but saved me hours of frustration and got my claim unstuck. They have a demo video showing how it works: https://youtu.be/Rdqa1gKtxuE The agent I spoke with was able to identify that my claim was flagged for an identity verification issue that nobody had told me about. Got it resolved that day and received payment the following week. Might be worth trying before going the legal route.

my neighbor is a lawyer and she told me writ of mandamus takes MINIMUM 6-8 weeks to even get a hearing date in NY courts right now. then another month for the judge to decide. then if you win DOL still has time to comply. your looking at 3-4 months BEST case scenario.

DO NOT WASTE YOUR TIME WITH COURTS!!!! The NY DOL doesn't care about court orders - I know someone who won their case and it STILL took 2 more months to get paid! Your best bet is contacting every single elected official you can - state senator, assembly person, the governor, even your local city council. Email them ALL, call them ALL, be polite but persistent. Tell them you're considering going to the media. That's what worked for me after 11 WEEKS of waiting!!! And document EVERYTHING - dates, times, who you spoke to, what they said. This will help if you do end up needing legal help later.

One important thing to note is that NY unemployment claims that are delayed more than 6 weeks are eligible for an expedited review process under current regulations. When contacting officials, specifically mention this and request an "expedited hardship review" based on the length of delay. This is a relatively new process implemented in 2024 that many claimants aren't aware of.

btw has anyone else noticed the DOL website is down like EVERY other day?? how are we supposed to check our claims when the system is always "under maintenance" 🙄

To address your question about waiving the filing fee for a writ of mandamus: Yes, you can apply for a fee waiver by filing a "Poor Person's Application" (officially called an "In Forma Pauperis" application). You'll need to prove financial hardship. But based on all the advice here, I strongly recommend pursuing these steps in this order before considering legal action: 1. Use the expedited hardship review process mentioned above 2. Contact all relevant elected officials (multiple methods) 3. File a complaint with the Governor's office 4. Consider services like Claimyr to reach an agent directly 5. Contact NY Legal Aid Society for free legal consultation If you do pursue a writ, the timeline mentioned above (3-4 months) is unfortunately accurate in today's court system. Legal action should be your last resort.