What happens if an employer contests unemployment - NYS Department of Labor adjudication process?

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.

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.

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

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.

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.

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?

I went through this exact same situation about 8 months ago when my construction company laid me off but then tried to claim I was fired for poor performance. The adjudication process was nerve-wracking but here's what I learned: document EVERYTHING. I gathered my work schedule showing I was consistently working full shifts, any text messages or emails about the layoffs, and even got a coworker to write a statement confirming what really happened. The adjudicator called me for a phone interview where I could explain my side - they asked very specific questions about dates, circumstances, and company policies. It took about 5 weeks total but I won and got all my back payments. Stay strong and keep filing those weekly claims like others mentioned!

I'm going through something similar right now - my employer is claiming I violated company policy when I was actually laid off due to budget cuts. It's been 4 weeks in adjudication and I'm getting really stressed about it. What helped me was calling the NYS DOL adjudication unit directly (though it took many attempts to get through) and they explained that they review everything with fresh eyes - employment records, witness statements, company policies, your work history, everything. The adjudicator told me they see employer contests all the time and they're trained to spot inconsistencies. Don't let your employer's version scare you if you know you were legitimately laid off. Keep detailed notes of exactly what happened leading up to your separation - dates, who said what, any witnesses present. I'm still waiting for my decision but at least I feel like I was heard during the process.

I'm actually a caseworker who used to handle unemployment adjudications before switching to a different department, so I can shed some light on this process from the inside. When employers contest claims, we're required to conduct what's called a "fact-finding interview" with both parties - that means you'll likely get a phone call or written questionnaire asking for your detailed account of what happened. The adjudicator has to determine if your separation meets the legal standard for unemployment eligibility under NY Labor Law Section 593. For layoffs due to downsizing, the burden is really on the employer to prove misconduct occurred, not on you to prove your innocence. Document everything you can remember about your final weeks - any conversations about layoffs, company-wide announcements, whether other employees were also let go around the same time. Most importantly, respond promptly to any requests for information from DOL. The timeline can vary wildly - I've seen cases resolved in 2 weeks and others take 8+ weeks depending on complexity and caseload. Hang in there and keep filing your weekly claims!

Going through the exact same nightmare right now - my restaurant closed down for "renovations" but then my manager told unemployment I was fired for being late too many times. It's been 3 weeks in adjudication and I'm barely keeping my head above water financially. What really helped me was writing down everything I could remember from my last few weeks there - the owner talking about needing to shut down temporarily, other servers getting the same news, even the exact date they told us not to come in anymore. I also kept screenshots of the restaurant's social media posts about "temporary closure for improvements." The hardest part is just waiting and not knowing, but reading everyone's experiences here is giving me hope that the truth will come out. Stay strong OP - sounds like you have a solid case if it was clearly downsizing!

I just went through this exact situation a few months ago - my employer contested my claim saying I was terminated for "performance issues" when I was actually part of a reduction in force. The adjudication process was stressful but here's what I wish someone had told me: collect ANY documentation that supports your version of events, even if it seems minor. In my case, I found an old email from HR about company-wide cost-cutting measures that helped prove the layoffs were legitimate. The adjudicator conducted a phone interview with me where I could explain everything in detail - they were actually very fair and asked specific questions about the circumstances. It took about 7 weeks total but I won and received all my backdated benefits. The key is being thorough and honest in your responses to DOL. Also, definitely keep filing those weekly claims! I almost stopped because I wasn't getting paid, but my case worker told me I would have lost those weeks forever if I hadn't continued filing. You've got this!