What happens if employer doesn't respond to unemployment claim - NYS Department of Labor
Filed my unemployment claim two weeks ago and I'm still showing 'adjudication in progress' on my account. I know NYS Department of Labor sent a notice to my former employer asking about my separation, but apparently they haven't responded yet. Does anyone know what happens if an employer just ignores the request? Will my claim automatically get approved or will it stay stuck forever? I'm getting really anxious about this because I need to pay rent next week.
14 comments
Join the conversation
Austin Leonard
If your employer doesn't respond within the timeframe NYS Department of Labor gives them (usually 10 business days), they'll make a determination based on the information you provided in your initial claim. Since you filed as unemployed through no fault of your own, they'll likely approve it unless there's something obviously problematic in your application.
0 coins
Sophie Duck
•That's a relief! I was worried it would just sit there indefinitely. Do you know how much longer the adjudication usually takes after the employer deadline passes?
0 coins
Anita George
same thing happened to me last month. my employer never responded and my claim got approved after about 3 weeks total. keep filing your weekly claims while you wait or you'll lose those weeks
0 coins
Abigail Spencer
The employer has 10 business days to respond to the separation notice. If they don't respond, NYS Department of Labor will proceed with their determination based on your information. However, if you're still in adjudication after 3 weeks, there might be other issues holding up your claim. You can try calling the adjudication unit directly, though good luck getting through. I had better success using a service called Claimyr (claimyr.com) that actually got me connected to someone at NYS Department of Labor. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works.
0 coins
Sophie Duck
•Never heard of that service before. Does it actually work better than calling directly?
0 coins
Abigail Spencer
•Yeah it worked for me. I was stuck trying to get through for days and this got me connected in like 20 minutes. Saved me a lot of frustration.
0 coins
Logan Chiang
Wait I'm confused - if the employer doesn't respond, why would that help your case? Shouldn't they want to respond to defend themselves if they fired you for cause or something?
0 coins
Austin Leonard
•Many employers just don't bother responding, especially smaller companies. They figure if someone is filing for unemployment, they probably have grounds for it. Only employers who really think they can prove misconduct usually fight it.
0 coins
Isla Fischer
ugh the whole system is so slow! I've been waiting 4 weeks for my adjudication and still nothing. at least you're only at 2 weeks
0 coins
Sophie Duck
•4 weeks?? That's terrible. Have you tried contacting them somehow?
0 coins
Miles Hammonds
Most employers don't respond unless they have a really strong case for denying your claim. The NYS Department of Labor will proceed without their input after the deadline. Just make sure you keep filing your weekly claims and doing your job search requirements while you wait. The worst thing would be to have your claim approved but lose weeks because you stopped filing.
0 coins
LongPeri
I went through this exact situation about 6 months ago. My employer never responded to the separation notice and my claim was approved after about 2.5 weeks total. The key thing is to keep filing your weekly certifications even while it's in adjudication - you'll get backpay for those weeks once it's approved. Also document everything just in case there are any issues later. The waiting is stressful but in most cases no employer response works in your favor since they're not contesting your version of events.
0 coins
Everett Tutum
•Thanks for sharing your experience! That's really helpful to know it worked out after 2.5 weeks. I've been keeping up with my weekly certifications but wasn't sure about the documentation part - what kind of things did you document? Just screenshots of my claim status or other stuff too?
0 coins
Norman Fraser
•I documented screenshots of my claim status, copies of all correspondence from NYS DOL, my original application, and kept a simple log of dates (when I filed, when employer was notified, etc.). Also saved any emails or texts from my former employer about my termination. Most of it I never needed, but it gave me peace of mind knowing I had everything organized if questions came up later.
0 coins