NYS Department of Labor claim approved after minimum wage job loss - worried about appeal
My unemployment claim just got approved after losing my job at a restaurant when they cut staff following the minimum wage increase last year. I'm worried my employer might appeal since they've been fighting with other former employees about their claims. The NYS Department of Labor letter says my benefits are approved but I keep reading about employers successfully appealing these decisions. Has anyone dealt with an employer appeal after getting approved? I really need these benefits and can't afford to lose them if they overturn the decision.
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Lucas Notre-Dame
Employer appeals are pretty common but don't panic. If NYS Department of Labor already approved your claim, they found you were laid off through no fault of your own. Your employer would need to prove misconduct or that you quit voluntarily to overturn the decision. Keep all your documentation about the layoff - any emails, notices, or witnesses who can confirm it was a reduction in force due to business reasons.
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Layla Mendes
•Thank you! I do have the layoff notice they gave me. Should I submit that to NYS Department of Labor proactively or wait to see if there's an appeal?
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Aria Park
same thing happened to me when my retail job cut hours then eliminated positions entirely... employer tried to appeal saying i was terminated for attendance but nys department of labor sided with me because i had documentation showing the store was downsizing
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Layla Mendes
•How long did the appeal process take? I'm scared they'll drag this out for months while I can't pay rent.
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Noah Ali
I had a really frustrating experience trying to get through to NYS Department of Labor when my employer appealed my claim last year. Spent weeks calling that main number and either getting busy signals or getting disconnected after waiting on hold. Finally found this service called Claimyr at claimyr.com that actually got me connected to a real agent who could explain the appeal process. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made all the difference in understanding my case status and what documentation I needed to provide.
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Chloe Boulanger
•Never heard of that service but honestly anything is better than trying to call NYS Department of Labor directly. Those phone lines are impossible.
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James Martinez
Keep filing your weekly claims even if there's an appeal! That's super important because if you win the appeal you'll get backpay for any weeks you were eligible but didn't file. Also make sure you're doing your job search activities and logging them properly in case they audit your claim during the appeal process.
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Layla Mendes
•Good point about continuing to file. I wasn't sure if I should stop during an appeal. The job search requirement is 3 activities per week right?
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Olivia Harris
ugh this whole system is so messed up... employers can just challenge legitimate claims and make people stress about losing benefits they rightfully earned. happened to my sister too when her hotel laid off half the housekeeping staff but they tried to claim she was fired for performance issues. total BS.
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Alexander Zeus
Don't stress too much about this. In my experience, most employer appeals fail when it's clearly a layoff situation. NYS Department of Labor investigators are pretty good at seeing through bogus appeals. Just make sure you respond to any requests for information promptly and honestly. If they schedule a hearing, show up prepared with your documentation and be ready to explain exactly what happened with the layoff.
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