NY unemployment question - Can family fight wrongful termination over overtime pay dispute?

Yes, this is absolutely something the NY Department of Labor would handle. Your cousin should file both a wage complaint AND an unemployment claim since this sounds like retaliation (which is illegal). For the wage complaint: 1-888-469-7365 For unemployment: 1-888-209-8124 They'll need to document all hours worked (any text messages, emails, timesheets they might have), and any communications about questioning their pay. The Farm Laborers Fair Labor Practices Act changes did go into effect this January, eliminating many previous exemptions for farm workers. Your cousin should qualify for unemployment since questioning illegal wage practices is protected activity.

the labor dept NEVER answers their phones!!! i tried for 3 WEEKS last year when my boss shorted my check. ended up having to file everything online and waited 4 months for someone to contact me. good luck!

I used Claimyr to reach NYSDOL when I had a similar issue with unpaid wages and wrongful termination. It was the only thing that worked after days of trying to get through. They connect you directly to a live agent in minutes instead of dealing with the constant busy signals. Their site is claimyr.com and you can see how it works here: https://youtu.be/Rdqa1gKtxuE For your cousin's situation, they need to talk to someone ASAP since there are time limits on filing these claims. They should definitely apply for unemployment immediately while also pursuing the wage theft claim. Since this sounds like clear retaliation, they should qualify for benefits right away.

Labor attorney here (though not YOUR attorney). This is a textbook case of retaliation. New York's 2025 farm labor changes specifically addressed overtime requirements, removing many of the previous exemptions. Your cousin should: 1. File for unemployment immediately - being fired for asking about legally entitled wages is not misconduct and should qualify them 2. File a wage theft claim for all unpaid overtime 3. File a retaliation complaint They can do all three simultaneously. The Division of Labor Standards handles wage claims: (518) 457-9000 If the employer tries to fight the unemployment claim by alleging misconduct, your cousin should appeal and highlight that they were simply inquiring about lawful wages.

i had almost the EXACT same thing happen to me in February!!! worked at a small orchard processing facility and they claimed they didn't have to pay overtime because of some agricultural exemption. i filed a complaint with NYSDOL and they were SUPER helpful once i finally reached someone... took 3 weeks to get a call back tho. definitely file for unemployment right away!! they approved mine in about 10 days and backdated it to my last day worked. the wage claim is still ongoing but at least i'm getting unemployment while I look for a new job

Not to be a downer, but the Farm Laborers Act changes are more complicated than people realize. Some agricultural processing facilities still have partial exemptions depending on what percentage of their business involves certain activities. What exactly does your family member do there? That could make a difference in whether they're covered or not. I'm going through something similar with a client right now.

Quick update on those phone numbers I shared - the unemployment line is often overwhelmed in the mornings. Best times to call are Tuesday-Thursday between 1:30-4:00pm. Also, make sure your cousin selects the option for "new claim" rather than "existing claim" when calling, even if they've applied online already. That route tends to have shorter wait times.

wait why not just go to the unemployment office in person?? thats what i did when my claim got messed up and they fixed it same day. way better than trying to call!

Update: My cousin tried calling for hours yesterday with no luck. We're going to try that Claimyr service someone mentioned above tomorrow. They already filed the unemployment claim online but haven't heard anything back yet. The company is now claiming they were fired for "poor performance" even though they've never had a negative review in 3 years. Is there any way to speed up the wage claim process? Every day without income is making things more stressful.

Final update from our experience: Finally got through to NYSDOL using Claimyr - well worth it! The unemployment claim is now being expedited, and a wage investigator has been assigned to the overtime case. They said the sudden "poor performance" claim without documentation is a red flag for retaliation. For anyone else in similar situations - document EVERYTHING, file claims immediately, and expect the employer to come up with excuses. Getting through to a real person makes all the difference in these cases!