NY unemployment denied - employer falsely claimed I quit voluntarily

they pulled that same crap with me last year. ur gonna need to appeal and gather whatever evidence u have. emails, texts, anything showing u didnt just up and quit. did u get any severance? that would help prove u were fired

This happens all the time, unfortunately. Employers often claim "voluntary quit" to avoid their unemployment insurance rates going up. Here's what you need to do: 1. File an appeal immediately (you only have 30 days from the determination) 2. Collect any evidence: final pay stub, text messages, emails, or witnesses who know you were terminated 3. Write down a detailed timeline of events leading to your termination 4. If you have performance reviews or any documentation showing your work history, gather those too During the appeal hearing, calmly explain your side. The burden of proof is actually on the employer to prove you quit voluntarily. Many employers don't show up for these hearings, which usually means you win by default.

I went thru the EXACT same thing in January!!!! My boss fired me then told unemployment I quit! I was SO MAD I couldn't believe it!

I specialize in helping people with NYSDOL issues. Some additional advice: - If you received any communication about your job ending (even verbal), document who said what and when - Request your personnel file from your former employer (NY law allows this) - If there were witnesses to your termination, get their statements in writing - Make a list of your supervisor's contact information and any HR personnel involved The hearing officer will look for specific evidence about the final incident that led to separation. Be very clear about what happened on your last day - who said what, who was present, etc. This specificity carries a lot of weight.

This is common. Employers ALWAYS claim voluntary quit to save money. The system is rigged against workers!!!! I've been fighting with DOL for MONTHS and still can't get what I'm owed. The whole thing is a SCAM.

I went through this exact situation last year and finally won my appeal. The most frustrating part was trying to get someone on the phone at NYSDOL to explain the process. I spent DAYS calling that impossible phone number. I finally used a service called Claimyr (claimyr.com) that got me connected to an agent in about 20 minutes when I'd been trying for weeks. They have a video showing how it works: https://youtu.be/Rdqa1gKtxuE Once I actually talked to someone, they explained exactly what evidence I needed for my appeal. Made a huge difference having that guidance before my hearing.

One thing nobody's mentioned - did you receive any warning or disciplinary actions before being terminated? If not, that actually helps your case. Most companies have a progressive discipline policy, and if they didn't follow it, that suggests the termination might have been improper. Also, during your hearing, don't get emotional (easier said than done, I know). Stick to facts and timeline. The ALJ (Administrative Law Judge) appreciates concise, factual testimony. And make sure to review the employer handbook if you have it - sometimes there's language in there about termination procedures that the employer didn't follow, which can help your case.

wait did they give u a reason when they fired u? if they said restructuring thats like a layoff and def not a voluntary quit! make sure u tell the judge that exact word they used

Good luck with everything! The waiting is the WORST part but try to stay positive! My backpay came through like 3 days after I won my hearing and it was such a relief!!!!

One more bit of advice - in your appeal hearing, if the employer mentions "restructuring" as the reason for separation, that's actually very helpful for your case. Restructuring is considered a lack of work situation, which is a qualifying reason for unemployment benefits. Make sure to point out the contradiction between what they told you (restructuring) and what they told NYSDOL (voluntary quit). This kind of inconsistency often sways appeal decisions in the claimant's favor.

I'm dealing with something similar right now - my employer is claiming I was a "no call no show" when I was actually sick and called in. It's so frustrating how they can just lie like that! From reading everyone's advice here, it sounds like the key is having any kind of documentation. Do you have anything in writing about the "restructuring" they mentioned? Even an email about the meeting or anything referencing company changes could help show it wasn't your choice to leave. Also, if any of your coworkers were also let go around the same time due to this "restructuring," that would be really strong evidence that it was a layoff situation, not you quitting. Good luck with your hearing!

I just went through this exact situation a few months ago and won my appeal! The fact that they told you it was "restructuring" is HUGE for your case - that's literally the opposite of a voluntary quit. Here's what really helped me: I created a timeline document with exact dates and wrote down everything I could remember about my last day, including who was in the room when they told me I was being let go. Even small details matter. Also, don't stress too much about not having a termination letter - a lot of companies don't give those out. The burden is really on them to prove you quit, not on you to prove you were fired. When they say "restructuring" in the hearing (if they even show up), that contradicts their whole voluntary quit claim. Keep certifying every week even while you're waiting - you'll get all that back pay once you win. Hang in there!

I've been following this thread and wanted to add something that might help - if you're having trouble reaching NYSDOL by phone (which seems to be a common problem), you can also submit additional evidence for your appeal case online through their website. I had a similar situation where my employer claimed I abandoned my job, but I was actually terminated. What really helped my case was submitting a sworn affidavit (you can find templates online) detailing exactly what happened. The hearing officer seemed to give more weight to written statements that were signed under oath. Also, since you mentioned your employer used the word "restructuring," try to think if there were any company-wide emails, announcements, or even rumors about layoffs or budget cuts around that time. Even indirect evidence of company financial problems can support the restructuring explanation and contradict the voluntary quit claim. One last thing - during your hearing, if the employer's representative tries to claim you quit, ask them to explain how "restructuring" (their own stated reason) equals a voluntary quit. That contradiction alone should be enough to win your case. You've got this! The fact that you're gathering evidence and preparing shows you're taking the right approach.

I'm so sorry you're going through this - it's incredibly stressful to be without income for months while fighting these false claims. The fact that your employer told you it was "restructuring" but then claimed to unemployment that you quit voluntarily is actually perfect evidence of their dishonesty. A few things that might help your case: - Check if you have any email confirmations about that termination meeting, even if they're just calendar invites or follow-ups - See if you can find any company communications around that time about budget cuts, layoffs, or organizational changes - If possible, reach out to those coworkers who were also let go - having multiple people terminated for "restructuring" at the same time completely destroys the voluntary quit narrative The contradiction between "restructuring" (employer-initiated) and "voluntary quit" (employee-initiated) is so obvious that it should be an easy win for you. Document everything, stay factual during the hearing, and remember that many employers don't even show up to defend these bogus claims. Keep certifying weekly even though you're not getting paid yet - you'll get all that backpay once you win. You've got strong evidence on your side!