NYS Department of Labor employer not responding to unemployment claim - what happens next?

In New York, employers typically have 10 business days to respond to the NYS Department of Labor about your unemployment claim. If they don't respond within that timeframe, your claim will generally be approved by default. The employer loses their right to contest the claim if they miss the deadline. Since you mentioned you were laid off due to business reasons, that should qualify you for benefits anyway.

same thing happened to me last year, employer never responded and my claim got approved automatically after like 2 weeks. you should be fine especially since you were laid off not fired for cause

I had a situation where my employer was really slow to respond but they did eventually submit something on day 12. Even though they were late, NYS Department of Labor still processed their response and it delayed my claim by another week while they reviewed everything. But since yours is a layoff situation, even if they respond late it shouldn't matter - layoffs due to lack of work are qualifying separations.

If you're having trouble getting through to check on your claim status, I used a service called Claimyr recently that helped me reach an actual NYS Department of Labor agent. You can check them out at claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. It was super helpful when I needed to get clarification about my adjudication process.

The whole system is so slow and frustrating!! My employer took forever too and then when they finally responded they tried to claim I quit when I was clearly laid off. Had to fight it for weeks. Hope yours goes smoother since restaurants are pretty straightforward about layoffs usually.

Just wanted to say hang in there! The waiting is the worst part but once it gets approved the backpay should cover from when you first filed. Make sure you keep filing your weekly claims even while it's pending.

I went through this exact same situation a few months ago with my claim. The 10 business day rule is generally accurate, but I'd recommend calling the Department of Labor if you can get through after day 10 just to confirm your claim status. In my case, it took about 12 business days for the system to automatically update and show approved, even though my employer never responded. The restaurant industry layoffs are usually pretty cut and dry since there's clear documentation of reduced hours/business. Keep doing those weekly certifications like you mentioned - that's super important to get your full backpay once it's approved!

I'm going through something similar right now - filed about 2 weeks ago and my employer still hasn't responded. From what I've learned, the 10 business day rule is real but sometimes the system takes a few extra days to actually update your claim status even after the deadline passes. I'd suggest logging into your account daily to check for updates, and if you hit the 12-15 business day mark with no change, definitely try calling or using one of those services people mentioned to get through to someone. The waiting is absolutely nerve-wracking when bills are due, but most people seem to get approved eventually especially for legitimate layoffs like yours. Keep your head up!

I'm dealing with a similar situation right now - filed my claim 2 weeks ago and my employer still hasn't responded. From what I've researched and heard from others, the 10 business day rule is generally accurate, but sometimes the system can take a few extra days to actually process and update your claim status even after the employer deadline has passed. Since you mentioned you're on day 8 of business days, I'd give it until around day 12-15 before getting too worried. The fact that you were laid off due to slow business should work in your favor - those are usually straightforward approvals. Keep doing those weekly certifications in the meantime, and if nothing changes by day 15, that's when I'd try calling or looking into services to help you get through to someone at the Department of Labor. Hang in there!

I work as a case adjudicator for unemployment claims (though not in NY), and I can confirm that the 10 business day rule is pretty standard across most states. What happens after that deadline varies, but in most cases if the employer doesn't respond, the claim gets approved by default unless there are other red flags in your application. Since you mentioned this was a layoff due to slow business at a restaurant, that's exactly the type of separation that unemployment insurance is designed to cover. Restaurant layoffs are also well-documented since there's usually clear evidence of reduced hours, staff cuts, etc. Keep filing those weekly claims and try not to stress too much - your situation sounds very straightforward for approval once that employer deadline passes.

I went through this exact situation about 6 months ago when I was laid off from my retail job. My employer never responded to NYS Department of Labor within the 10 business days, and my claim was automatically approved on day 11. The system updated overnight and I got an email notification that morning. Since you were laid off due to slow business (not fired for misconduct), your claim should be approved once that deadline passes. The key thing is to keep filing your weekly certifications even while it's pending - I almost made the mistake of stopping those but thankfully someone here warned me to continue. You should get backpay for all the weeks you've been waiting once it's approved. Hang in there, the waiting is definitely the hardest part but it sounds like you have a solid case!

I'm currently dealing with this same situation - filed my claim 9 business days ago and still waiting for my employer to respond. Reading through everyone's experiences here is really helpful and reassuring! It sounds like the 10 business day rule is pretty consistent, and most people with legitimate layoffs like yours do get approved once that deadline passes. The fact that you were laid off from a restaurant due to slow business should definitely work in your favor since that's exactly what unemployment benefits are designed to cover. I'm also keeping up with my weekly certifications while waiting - seems like that's crucial for getting full backpay. Hoping both of our claims get resolved soon! The financial stress while waiting is no joke.

I'm also going through this right now - just hit day 7 of business days waiting for my employer to respond to my unemployment claim. Reading through all these experiences is incredibly helpful and reassuring! It sounds like the 10 business day deadline is pretty solid, and since you were laid off due to legitimate business reasons, your approval should be straightforward once that deadline passes. I was also laid off from a service industry job (hotel) due to reduced occupancy, so our situations are very similar. The waiting and financial uncertainty is definitely stressful, but it seems like most people here had positive outcomes. Make sure to keep doing those weekly certifications - that seems to be the most important thing for getting full backpay once approved. Hopefully we'll both see updates in our claim status very soon!

I'm going through the exact same situation right now - filed my UI claim 9 business days ago and my former employer still hasn't responded to NYS Department of Labor. Like you, I was laid off from a restaurant due to slow business, so reading everyone's experiences here has been incredibly reassuring! It sounds like the 10 business day rule is pretty consistent across the board, and since both of us have legitimate layoff situations (not misconduct), we should be in good shape once that deadline passes. I've been keeping up with my weekly certifications while waiting - that seems to be the crucial thing everyone emphasizes for getting full backpay. The financial stress while waiting is real, but it's comforting to see so many people with similar situations eventually getting approved. Hang in there - sounds like we're both almost at the finish line with this waiting period!

I'm currently on day 6 of business days waiting for my employer response, so I'm a couple days behind some of you but in the same boat! I was also laid off from a restaurant (small family-owned place) due to reduced customer traffic. Reading through all these experiences is giving me so much hope - it sounds like the 10 business day rule is pretty reliable and restaurant layoffs are typically straightforward cases. I've been doing my weekly certifications religiously after seeing how important that is for backpay. The financial anxiety is real while waiting, but it's incredibly comforting to see so many similar situations that ended up getting approved once the employer deadline passed. Thanks to everyone sharing their timelines and experiences - this community support means everything when you're stressed about making rent!

I'm on day 12 of business days and still waiting for my employer to respond to my unemployment claim. I was laid off from my bartending job when the restaurant had to cut staff due to slow winter business. Reading through everyone's experiences here has been so reassuring - it sounds like most people with legitimate layoffs like ours do get approved once that 10-day deadline passes, even if the system takes a few extra days to update. I've been keeping up with my weekly certifications while waiting, which seems to be the most important thing for getting full backpay. The financial stress is real when you're behind on bills, but seeing so many similar restaurant/service industry situations that ended up getting resolved gives me hope. Thanks to everyone for sharing their timelines and experiences - this community support makes such a difference when you're anxiously waiting!

I'm currently on day 5 of business days waiting for my employer to respond, so I'm a bit behind some of you but definitely following this thread closely! I was also laid off from a restaurant (pizza place) when they had to reduce staff due to slower sales after the holidays. Reading everyone's experiences is giving me so much confidence that these restaurant layoffs are pretty straightforward once that 10-day deadline hits. I've been doing my weekly certifications consistently after seeing how crucial that is for backpay. The waiting and financial uncertainty is definitely stressful, but it's incredibly helpful to see so many people in similar situations who ended up getting approved. Thanks to everyone for sharing their timelines - it really helps to know what to expect and that I'm not alone in this process!

I'm currently at day 11 of business days waiting for my employer response after being laid off from my serving job at a family restaurant. The owner had to let go of half the staff because business dropped off significantly after the new year. Reading through all these experiences has been incredibly reassuring - it really seems like restaurant layoffs are some of the most straightforward cases for approval once that 10-day employer deadline passes. I've been religiously doing my weekly certifications after seeing how many people emphasized that for getting full backpay. The financial stress while waiting is no joke, especially when rent is due, but this community has given me so much hope that legitimate layoffs like ours typically get resolved in our favor. It's amazing to see so many people at different stages of this same process - really makes you feel less alone when you're anxiously checking your claim status every morning!