What happens if employer doesn't respond to NYS Department of Labor unemployment claim?

In New York, if your employer doesn't respond to the NYS Department of Labor's request for separation information within the required timeframe (usually 10 business days), your claim will typically be processed based on the information you provided. The employer's non-response doesn't automatically approve your claim, but it means NYS Department of Labor will make their determination without the employer's side of the story. You should still receive a determination letter explaining their decision.

same thing happened to me last year when my company went out of business suddenly. took about 3 weeks total but i did get approved since i had all my documentation in order

Just went through this exact situation. My employer ignored NYS Department of Labor completely and my benefits were approved after about 2.5 weeks. The key is making sure you provided accurate information on your initial claim about why you were separated. If you were laid off for lack of work and can document that, you should be fine. Keep filing your weekly claims even while it's pending - you'll get backpay if approved.

The whole system is so frustrating when employers just ghost the process. I had an employer who didn't respond and it still took NYS Department of Labor forever to make a decision. Called the claims center like 50 times trying to get updates but could never get through to an actual person. Eventually got approved but it was weeks of stress for no reason.

I think they give employers like 10-14 days to respond and then they just proceed without them if they don't. Your employer probably knows this and figures why bother responding if they're just going to approve you anyway, especially for a layoff situation.

I went through something similar about 6 months ago when my previous employer laid off half the staff and then basically disappeared. NYS Department of Labor will typically wait for the employer response deadline (usually 10 business days) and then make their determination based on the information you provided in your initial claim. Since you mentioned you have documentation of the layoff and budget cuts, that should work in your favor. The non-response from your employer actually isn't uncommon - many employers don't bother responding to unemployment claims, especially for clear-cut layoff situations. Just keep filing your weekly claims and be patient. In my case, it took about 3 weeks total but I got approved and received all the backpay for the weeks I had been filing.

Just to add another data point - I had a similar situation where my employer didn't respond to NYS Department of Labor's request. The timeline was almost exactly what others have mentioned: filed my claim, employer had their 10 business days to respond (they didn't), and then it took another week or so after that deadline for me to get the determination letter approving my benefits. The whole process was about 3.5 weeks from filing to approval. The key thing is definitely to keep filing those weekly claims even while it's pending - I almost made the mistake of waiting and would have lost out on those weeks of benefits. Also, since you have the layoff email, make sure you have that saved somewhere easily accessible in case they need additional documentation later.

I'm going through this exact same situation right now! Filed my claim about 2 weeks ago after being laid off due to company restructuring. My former employer hasn't responded to any communications since the layoff happened, so I'm pretty sure they're ignoring NYS Department of Labor too. Reading through everyone's experiences here is really helpful - sounds like 3-4 weeks total is pretty standard when employers don't respond. I've been filing my weekly claims like you all suggested, even though the initial claim is still pending. Fingers crossed it gets resolved soon! It's frustrating that irresponsible employers can drag out the process like this, but at least it seems like NYS Department of Labor does eventually make decisions without them.

I'm actually dealing with a very similar situation right now - filed my unemployment claim about a week ago after getting laid off from a tech startup that basically went radio silent after the layoffs. They haven't returned calls or emails from anyone, so I'm expecting they'll ignore NYS Department of Labor's request too. It's really helpful to see all these experiences showing that the system still works even when employers don't cooperate. The 3-4 week timeline seems pretty consistent across everyone's stories. I've been filing my weekly claims as suggested here, and I made sure to keep all my documentation from the layoff. Thanks for sharing your situation - it's reassuring to know I'm not the only one dealing with an unresponsive former employer!

I went through this exact situation about 8 months ago when my employer laid me off and then basically vanished - wouldn't return calls, emails, nothing. NYS Department of Labor gives employers 10 business days to respond to their request for separation information. When my employer didn't respond (which I expected), NYS DOL processed my claim based solely on the information I had provided. The whole process took about 3 weeks from filing to getting my first payment. The most important thing is to keep filing your weekly claims even while it's pending - I can't stress this enough! You'll get backpay for all those weeks if approved. Since you have documentation of your layoff and it sounds like a legitimate reduction in workforce situation, you should be in good shape. Don't let your employer's unprofessional behavior stress you out too much - NYS DOL deals with non-responsive employers all the time and the system is designed to handle it.

I'm currently in week 2 of this exact scenario - filed my claim after getting laid off and my former employer has been completely unresponsive to all communication since the layoff happened. Based on all the experiences shared here, it sounds like I should expect about another 1-2 weeks before getting a determination. The consistent 3-4 week timeline everyone's mentioning is really helpful for setting expectations. I've been diligent about filing my weekly claims as suggested, and I have all my layoff documentation saved. It's frustrating that employers can just ignore their obligations like this, but it's reassuring to see that NYS DOL has processes in place to handle non-responsive employers and that most people in similar situations eventually get approved. Thanks to everyone for sharing your experiences - this thread has been incredibly valuable for understanding what to expect!

I'm in almost the exact same situation - filed my claim about a week and a half ago after being laid off due to "budget constraints" and my former employer has been completely MIA since the layoff. They're not responding to anyone's calls or emails, so I'm pretty confident they'll ignore NYS DOL too. Reading through everyone's experiences here is incredibly reassuring though! The consistent 3-4 week timeline gives me realistic expectations, and I'm glad I found this thread early enough to make sure I'm filing my weekly claims (I was actually unsure about that part). I have all my layoff documentation saved including the termination letter that specifically mentions budget cuts. It's really frustrating that employers can just ghost their responsibilities like this, but it sounds like NYS DOL has seen this scenario plenty of times before. Thanks for posting this question - the responses have been super helpful for understanding what to expect!