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Zoe Walker

NYS Department of Labor protest period - what is it and how does it affect my claim?

I just filed for unemployment and saw something about a 'protest period' on my claim status. What exactly is a protest period for unemployment? My former employer got some kind of notification and I'm worried they're going to fight my claim. Does this mean my benefits will be delayed? How long does this whole process take with NYS Department of Labor?

Elijah Brown

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The protest period gives your former employer time to respond to your unemployment claim - usually 10 business days. They can provide information about why you left or contest the claim if they think you're not eligible. Don't panic though, most claims go through without issues even during the protest period.

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Zoe Walker

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Thanks! So my benefits won't start until after this period ends? I really need the money soon.

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yeah mine had a protest period too and nothing happened, got approved after like 2 weeks

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Natalie Chen

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During the protest period, NYS Department of Labor collects information from all parties. If your employer doesn't respond or doesn't have valid grounds to contest, your claim typically gets approved. If they do protest with valid reasons, it goes to adjudication where a claims examiner reviews everything. Keep filing your weekly claims during this time - you can get backpay if approved.

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What counts as valid grounds for an employer to protest? I left because my hours were cut to almost nothing.

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Natalie Chen

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Valid grounds include things like quitting without good cause, being fired for misconduct, or providing false information. Reduced hours usually qualify you for benefits, so that shouldn't be an issue.

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The protest period is just standard procedure - every unemployment claim has one. I've dealt with this when I had to let someone go at my company. The employer gets a notice and has to respond about the circumstances of employment separation. Most of the time nothing comes of it.

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Nick Kravitz

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I'm going through something similar and can't get through to NYS Department of Labor on the phone to check my status. The wait times are insane! Has anyone found a better way to reach them?

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Elijah Brown

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I actually found this service called Claimyr (claimyr.com) that helps you get through to NYS Department of Labor agents. They have a video demo showing how it works (https://youtu.be/qyftW-mnTNI). I used it last month when I was stuck in adjudication and finally got answers about my claim status. Worth checking out if you're having trouble reaching them.

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Nick Kravitz

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Interesting, I'll look into that. Anything is better than sitting on hold for hours.

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Hannah White

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ugh the whole unemployment system is such a mess, they make everything so complicated and stressful when people are already struggling

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Alexis Renard

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The protest period can definitely be nerve-wracking, but try not to stress too much about it. In my experience, most employers don't actually contest claims unless there was serious misconduct involved. Since you mentioned this is about a standard unemployment filing, you'll likely be fine. Just make sure you keep filing your weekly certifications even during the protest period - that way if you're approved, you won't miss out on any benefits. The whole process usually takes 2-3 weeks total with NYS DOL.

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Connor Murphy

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That's really reassuring to hear! I was definitely getting anxious about it. Quick question - when you say keep filing weekly certifications, do you mean I should continue doing that even if my claim status still shows as pending during the protest period? I don't want to mess anything up by filing when I'm not supposed to.

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