What are valid reasons an employer can deny unemployment benefits in NY?
My former supervisor is claiming I was fired for misconduct and now NYS Department of Labor is investigating my claim. I thought I was laid off due to budget cuts but apparently my employer told them something different. What exactly can employers say to get your unemployment denied? I'm really worried they're going to make something up. Has anyone dealt with this before?
12 comments


Sophia Russo
Employers can contest unemployment claims for several legitimate reasons: misconduct (like violating company policy, excessive absences, insubordination), voluntary quit without good cause, or discharge for reasons within your control. However, they need documentation to support their claims. Budget cuts would typically qualify you for benefits unless there were performance issues leading up to the layoff.
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Mason Kaczka
•They never wrote me up or anything though. I had one verbal warning about being late but that was months ago. Can they use that against me?
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Evelyn Xu
I've been through this exact situation! My employer tried to claim I quit when I was actually let go. NYS Department of Labor will conduct a fact-finding interview with both you and your employer. Make sure you have any documentation like emails, text messages, or witnesses that can verify what really happened. Don't let them intimidate you - employers sometimes contest claims hoping people won't fight back.
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Mason Kaczka
•Did you end up getting your benefits? I'm so stressed about this whole process.
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Evelyn Xu
•Yes, after about 6 weeks of back and forth. The key was having my termination paperwork that contradicted what my boss told NYS Department of Labor. Stay organized and be honest in your interview.
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Dominic Green
this happened to my friend last year, her boss said she was stealing but it was total BS. took forever to get resolved tho
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Hannah Flores
If you're having trouble reaching someone at NYS Department of Labor about your adjudication status, I recently discovered this service called Claimyr (claimyr.com) that helps you get through to agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped me when I was stuck in adjudication limbo for weeks trying to provide additional documentation.
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Kayla Jacobson
•Is this legit? I've been calling for days and can never get through to anyone at NYS Department of Labor.
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Hannah Flores
•Yeah it's real, they basically handle the calling and waiting for you. Saved me hours of frustration trying to reach someone about my claim status.
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William Rivera
Ugh the whole system is rigged in favor of employers. They can basically say whatever they want and NYS Department of Labor believes them first. I had to appeal my denial and it took THREE MONTHS to get my benefits. Meanwhile I'm supposed to just what, not pay rent?? The adjudication process is a joke.
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Grace Lee
•I feel you on this. The stress of waiting for a decision while bills pile up is horrible.
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Fatima Al-Hashimi
I went through something similar last year. In NY, employers can contest for misconduct, but they need to prove it was willful and work-related. A single verbal warning from months ago probably isn't enough to establish a pattern of misconduct, especially if there's no documentation. Keep records of everything - your layoff notice, any emails mentioning budget cuts, etc. During the fact-finding interview, be honest and stick to the facts. If they really did lay you off due to budget issues, that should come out in the investigation. Don't panic yet - many employer contests fail when they can't provide proper documentation.
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