NYS Department of Labor - how long does unemployment give employers to respond to claim?
Filed for unemployment benefits last week and my status is showing 'pending employer response' on the my.ny.gov portal. I'm wondering how much time NYS Department of Labor actually gives employers to respond to unemployment claims? My former boss wasn't exactly cooperative when I left so I'm worried they might drag their feet or try to contest it. Does anyone know the official timeframe for employer responses and what happens if they don't respond at all?
11 comments


Dmitry Ivanov
Employers typically get 10 calendar days from when NYS Department of Labor sends them the separation notice to respond. If they don't respond within that timeframe, your claim usually gets approved automatically based on the information you provided. The system is designed to keep things moving even if employers are unresponsive.
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StarSailor
•That's reassuring! Do you know if weekends count toward those 10 days or is it business days only?
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Ava Garcia
It's 10 calendar days, so weekends do count. I had a similar situation where my employer didn't respond and my claim was approved on day 11. NYS Department of Labor doesn't mess around with delays - they know people need their benefits. Just keep filing your weekly claims while you wait.
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Miguel Silva
•same thing happened to me, employer never responded and i got approved automatically
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Zainab Ismail
What if the employer responds but contests the claim? I'm in a similar boat and worried my old manager will try to fight it even though I was laid off due to budget cuts. How long does that process take?
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Dmitry Ivanov
•If they contest it, your claim goes into adjudication which can take 2-6 weeks depending on the complexity. NYS Department of Labor will review all the evidence and make a determination. You'll get a chance to provide your side of the story too.
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Connor O'Neill
Been trying to get through to NYS Department of Labor for days to ask about my employer response timeline but the phone lines are constantly busy. Getting really frustrated with not being able to talk to an actual person about my claim status.
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QuantumQuester
•I had the same problem getting through to NYS Department of Labor agents until someone recommended Claimyr. It's a service that helps you get connected to unemployment offices - check out claimyr.com and they have a demo video at https://youtu.be/qyftW-mnTNI. Worked for me when I needed to check on my adjudication status.
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Yara Nassar
ugh the waiting is the worst part!! my claim has been pending for 6 days now and im checking my account like every hour. why cant they just approve it faster when its obvious the employer isnt gonna respond
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Ava Garcia
•I know it's stressful but the 10-day window exists for a reason. Some employers do respond at the last minute, so NYS Department of Labor has to give them the full timeframe. Hang in there!
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GalacticGuardian
Just wanted to add that you can actually track some of this process through the my.ny.gov portal. When I filed last month, I could see when the separation notice was sent to my employer and roughly when the 10-day period would expire. The status changed from "pending employer response" to "claim approved" exactly 10 days after they sent the notice to my former company. NYS Department of Labor is pretty good about sticking to their timelines, so try not to stress too much about uncooperative employers - the system works even when they don't participate.
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