NYS Department of Labor benefits denied - employer claims I voluntarily quit but I was laid off due to company downsizing
I'm really confused about my unemployment claim status. I worked at a manufacturing company for 2 years and got laid off in December when they closed our entire department. My employer told us it was permanent layoffs due to budget cuts. But when I filed for NYS Department of Labor benefits, my claim got denied because my former employer reported that I voluntarily quit! This is completely false - I have the layoff notice in writing. I've tried calling NYS Department of Labor but can't get through to anyone. Has anyone dealt with this kind of employer misrepresentation before? How do I prove I was actually laid off and didn't quit?
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GalacticGuru
This happens more often than you'd think. You'll need to file an appeal with NYS Department of Labor immediately - you only have 30 days from the denial date. Gather all your documentation: the layoff notice, any emails about the closure, witness contact info from coworkers who were also laid off. The appeal form is on the my.ny.gov website under unemployment services.
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Liam Fitzgerald
•Thank you! I found the appeal form. Do I need to submit all the documents with the initial appeal or can I bring them to a hearing later?
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Amara Nnamani
ugh this exact thing happened to my brother last year!! his company laid off 50 people but somehow reported half of them as voluntary quits to avoid paying higher unemployment taxes. he had to appeal but eventually won after showing his layoff paperwork
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Giovanni Mancini
•How long did the appeal process take? I'm worried about how I'll pay bills while this gets sorted out.
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Fatima Al-Suwaidi
You should submit copies of everything you have with your appeal - don't wait for a hearing. Include the layoff notice, any company communications about the department closure, and if possible get statements from your former coworkers. Also check if there were any news articles about your company's layoffs - that can be additional evidence. NYS Department of Labor takes employer fraud seriously.
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Liam Fitzgerald
•Great idea about the news articles! There actually was coverage when they announced the plant closure. I'll include that too.
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Dylan Cooper
I had such a hard time reaching anyone at NYS Department of Labor when I needed to speak to someone about my adjudication issues. After weeks of busy signals and dropped calls, I found this service called Claimyr (claimyr.com) that actually got me connected to a real person within minutes. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth checking out if you need to talk to someone urgently about your appeal.
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Sofia Morales
•Never heard of that before but honestly anything is better than sitting on hold for hours just to get disconnected
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StarSailor
This is exactly why the unemployment system is broken! Employers lie all the time because there's basically no penalty for false reporting. Meanwhile honest workers like you have to jump through hoops and wait months just to get benefits you're entitled to. The whole system protects businesses over workers.
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Fatima Al-Suwaidi
•While the system definitely has issues, there are penalties for employer misrepresentation. If you win your appeal, your employer's unemployment tax rate can increase. The problem is proving intent vs. clerical errors.
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