What happens if employer doesn't respond to NYS Department of Labor unemployment claim?
I filed for unemployment benefits about 10 days ago and my claim is still showing as pending. I know NYS Department of Labor sent paperwork to my former employer asking about my separation, but I'm pretty sure they're not going to respond - they've been ignoring calls and emails since they laid me off. Does anyone know what happens if an employer just doesn't respond to the unemployment claim request? Will my benefits get approved automatically or will this delay everything even more?
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Jessica Suarez
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.
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Jay Lincoln
•That's helpful, thank you! Do you know how long it usually takes once the response deadline passes?
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Marcus Williams
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
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Lily Young
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.
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Jay Lincoln
•Yes I've been keeping up with my weekly claims. I was definitely laid off due to budget cuts, have the email and everything.
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Kennedy Morrison
•Wait, I thought you couldn't file weekly claims until your initial claim was approved? I've been waiting to start filing mine because it's still pending adjudication.
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Lily Young
•No, you should definitely be filing weekly claims while your initial claim is being processed! If you don't file them, you won't get paid for those weeks even if your claim gets approved later. Log into your account and file for any weeks you've missed.
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Wesley Hallow
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.
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Justin Chang
•If you're having trouble reaching NYS Department of Labor by phone, I had success using a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo showing how it works (https://youtu.be/qyftW-mnTNI). Was able to get my claim status updated same day instead of waiting weeks for a callback that never came.
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Grace Thomas
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.
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Isaac Wright
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.
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