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Liam O'Sullivan

NYS Department of Labor rejected my claim saying my unemployment is 'fictional' - what does this even mean?

I got a determination letter from NYS Department of Labor last week that denied my unemployment claim. The reason they gave was that my unemployment was determined to be 'fictional unemployment' and I don't qualify for benefits. I've never heard this term before and I'm completely confused. I was laid off from my retail job in December when the store closed permanently. How is that fictional? I have my termination letter and everything. Has anyone else gotten this type of denial? What am I supposed to do now?

Amara Okonkwo

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This sounds like they're questioning whether your separation from employment was legitimate. 'Fictional unemployment' usually means NYS Department of Labor suspects the job loss was arranged or fabricated to qualify for benefits. Did you work for a family member or close friend? Sometimes they flag claims where the employment relationship looks suspicious.

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No, it was a regular retail chain store that went out of business. I worked there for 2 years. This makes no sense at all.

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ugh the same thing happened to me but with a different reason. these adjudicators just deny everything first and make you fight for it

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You need to request an appeal immediately. The term 'fictional unemployment' isn't standard NYS Department of Labor language, so there might be a misunderstanding in your determination. Look at the specific disqualification code on your letter - that will tell you exactly what they're alleging. You have 30 days from the determination date to file your appeal through your my.ny.gov account.

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Thank you! I'll check the code when I get home. The determination was dated last Tuesday so I still have time to appeal.

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Dylan Hughes

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I had issues reaching NYS Department of Labor about a weird denial too. Ended up using claimyr.com to get through to an actual agent who could explain what happened. There's a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Way easier than trying to call yourself and getting hung up on constantly.

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NightOwl42

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How much does that cost though? Seems like you shouldn't have to pay just to talk to someone about your own claim.

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Dylan Hughes

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Worth it when you're dealing with something this confusing. At least you get to actually speak to someone who can look at your file.

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This is exactly why I hate dealing with unemployment. They use all these weird terms that aren't explained anywhere and then expect you to figure it out on your own. The whole system is designed to confuse people into giving up.

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Dmitry Ivanov

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definitely appeal this. sounds like they made an error or got bad information about your employment

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