What happens if employer denies unemployment claim with NYS Department of Labor?
My employer is fighting my unemployment claim and I'm really stressed about what this means. I was let go last month for what they called 'performance issues' but I think it was really because I complained about safety violations. Now they've submitted documentation to NYS Department of Labor saying I was terminated for misconduct. My claim status shows 'adjudication in progress' and it's been like this for two weeks. What exactly happens when an employer contests your claim? Will I automatically be denied or do I get a chance to tell my side? I really need these benefits to pay rent.
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Alexis Robinson
When an employer contests your claim, NYS Department of Labor has to investigate both sides before making a decision. You'll get a chance to provide your version of events during the adjudication process. They'll look at all the documentation and may conduct phone interviews with both you and your employer. The key is whether they can prove misconduct that would disqualify you from benefits.
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Ashley Adams
•Do I need to submit additional documentation or will they contact me for an interview? I have emails about the safety complaints I made.
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Aaron Lee
Save every piece of documentation you have about your termination! Performance issues alone usually don't disqualify you unless they can prove willful misconduct. If you were fired for complaining about safety violations, that could actually work in your favor. NYS Department of Labor takes retaliation cases seriously.
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Chloe Mitchell
•This happened to my brother last year. His employer tried to claim he was stealing time but he had proof he was doing his job properly. The adjudication took about 3 weeks but he won the case.
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Michael Adams
I went through something similar and couldn't get through to anyone at NYS Department of Labor for weeks to check on my adjudication status. Finally found this service called Claimyr (claimyr.com) that actually got me connected to a real person who could explain what was happening with my case. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Way better than sitting on hold for hours.
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Ashley Adams
•How much does something like that cost? I'm already tight on money while waiting for this to resolve.
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Natalie Wang
The whole system is rigged in favor of employers!! They know most people can't afford lawyers to fight these cases so they just throw around accusations hoping you'll give up. Document EVERYTHING and don't let them intimidate you into withdrawing your claim.
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Noah Torres
•I mean, there are legitimate cases where people do get fired for good reasons though. But yeah, some employers definitely abuse the system.
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Chloe Mitchell
Keep filing your weekly claims even during adjudication! If you win your case, you'll get backpay for all those weeks. If you stop filing, you could lose out on benefits even if the decision goes in your favor.
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