NYS Department of Labor claim - why are some types of unemployment unavoidable?
I've been thinking about this a lot lately after losing my job due to company downsizing. I understand that NYS Department of Labor has to verify that unemployment isn't voluntary, but what about situations that are completely out of our control? My plant closed because they moved operations overseas - there was literally nothing I could do to prevent this. Are there specific categories that NYS Department of Labor recognizes as unavoidable unemployment? I'm wondering if this affects how they process claims or if all involuntary job loss is treated the same way during adjudication.
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Bethany Groves
NYS Department of Labor does recognize several categories of unavoidable unemployment. These include company closures, mass layoffs, elimination of positions due to economic factors, and certain medical situations. In your case, a plant closure due to operations moving overseas would definitely qualify as unavoidable. The adjudication process typically moves faster for these clear-cut cases since there's no question about voluntariness. You should have documentation from your employer about the closure which helps expedite the claim.
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Sebastián Stevens
•Thank you! That's reassuring. I do have the official closure notice from HR. Should I upload that during my weekly claim certification or is there a separate place for it?
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KingKongZilla
yeah my situation was similar but different - got laid off when they automated my department. took forever to get through adjudication though, like 6 weeks. maybe depends on how busy they are?
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Rebecca Johnston
•Six weeks is longer than usual for a straightforward layoff. You might want to check if there were any other factors in your case that required additional review. Sometimes if there were any performance issues noted in your file, even for an automation layoff, it can extend the process.
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Nathan Dell
The whole system is frustrating honestly. Even when it's OBVIOUSLY not your fault they still make you jump through hoops. I got laid off due to budget cuts and they still questioned me about it during the phone interview.
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Maya Jackson
•I had trouble reaching anyone at NYS Department of Labor for weeks about my adjudication status. Finally used a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have this video demo (https://youtu.be/qyftW-mnTNI) that shows how it works. Made the whole process way less stressful when I could actually talk to someone who could see my case details.
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Tristan Carpenter
•Wait, there's a service that helps you get through to NYS Department of Labor? How does that even work? I've been trying to call for days about my pending status.
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Amaya Watson
I think natural disasters count too? My cousin lost her job when that hurricane damaged their office building last year and she got approved really quickly.
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Bethany Groves
•Yes, natural disasters and other force majeure events are definitely considered unavoidable. NYS Department of Labor has special procedures for disaster-related unemployment that often expedite processing since the circumstances are so clearly beyond the individual's control.
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