What happens if an employer contests unemployment - NYS Department of Labor adjudication process?
My employer is fighting my unemployment claim and I'm really confused about what this means. I got laid off from my warehouse job last month due to downsizing, but apparently they told NYS Department of Labor I was fired for misconduct or something. Now my claim is stuck in adjudication and I haven't received any payments yet. What exactly happens during this process? How long does it usually take? I really need these benefits to pay rent and I'm starting to panic. Has anyone been through employer contests before?
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Lena Kowalski
When an employer contests your claim, NYS Department of Labor has to investigate both sides of the story. This triggers what's called an adjudication process where they review all the evidence - your separation reason, employment records, any documentation from both you and your employer. The adjudicator will make a determination based on NY unemployment law. If they find in your favor, you'll get backpay for all the weeks you were eligible. If not, you can appeal the decision.
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Toot-n-Mighty
•Thanks for explaining that. Do I need to submit anything else or just wait? I already filed my initial claim with all the details about being laid off.
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DeShawn Washington
This happened to me last year when I got terminated from my retail job. The whole adjudication process took about 6 weeks but I eventually won. The key is making sure you have documentation - any emails about layoffs, your employee handbook, witness statements if you have them. NYS Department of Labor will usually send you a questionnaire asking for your side of the story. Fill it out completely and be honest about everything.
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Mei-Ling Chen
•6 weeks?? That's insane. How are people supposed to survive that long without income?
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Sofía Rodríguez
ugh this is so frustrating!! my boss tried to contest mine too even though they clearly fired me for no good reason. kept saying i had attendance issues when i was only late twice in 8 months. the whole system is rigged to help employers save money on their unemployment insurance premiums
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Lena Kowalski
•While it can be frustrating, the system is designed to be fair to both parties. Employers do have legitimate reasons to contest sometimes, like when someone was actually terminated for misconduct. The important thing is having accurate documentation.
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Aiden O'Connor
If you're having trouble getting through to NYS Department of Labor to check on your adjudication status, I found this service called Claimyr that helped me reach an actual agent. They have a website at claimyr.com and there's a video demo at https://youtu.be/qyftW-mnTNI showing how it works. I was stuck in adjudication for weeks and couldn't get anyone on the phone, but through them I was able to speak to someone who explained exactly where my case stood and what documents they still needed.
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Toot-n-Mighty
•Is this some kind of paid service? I'm already broke waiting for my unemployment to get approved.
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Aiden O'Connor
•Yeah it costs something but honestly it was worth it for me to finally talk to a real person and get answers. The regular phone lines are impossible to get through.
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Zoe Papadopoulos
Just keep filing your weekly claims even during adjudication! A lot of people make the mistake of stopping because they're not getting paid yet. If you win the adjudication you'll get retroactive benefits for all those weeks, but only if you kept filing.
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Toot-n-Mighty
•Oh wow I didn't know that. I've been filing but wasn't sure if I should continue. Thanks for the heads up!
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Jamal Brown
Same thing happening to me right now actually. My manager is claiming I quit when I was obviously laid off due to covid cutbacks. It's been 3 weeks in adjudication so far. This whole situation is making me so anxious I can barely sleep. What if they believe the employer over me?
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Zainab Abdulrahman
•I totally understand that anxiety - I'm going through the same thing right now. The waiting is the worst part. From what I've read, the adjudicators are supposed to look at all the evidence objectively. Do you have any documentation about the COVID layoffs? Like company emails or announcements? That could really help your case. Try to gather anything that shows it was a layoff situation and not you quitting.
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