What happens if employer lies to NYS Department of Labor unemployment office - worried about my claim

Don't panic - employers lie to unemployment offices more often than you'd think, but NYS Department of Labor investigates these disputes thoroughly. You'll need to gather any documentation you have from your termination - emails about layoffs, witness contact info for coworkers who were also let go, your final conversation with your supervisor. The burden of proof is actually on your employer to demonstrate misconduct, not on you to prove innocence. Make sure you respond to any requests for information from NYS Department of Labor promptly and be completely honest about what happened.

Same thing happened to me 2 years ago. My old boss claimed I was fired for attendance issues when I was actually terminated because they lost a major contract. I gathered my timesheets showing I was never late, got statements from two coworkers who witnessed the real reason, and submitted everything during the adjudication process. NYS Department of Labor ruled in my favor after about 3 weeks. Document everything you can remember about your last few weeks there and any conversations about the layoffs.

This is so frustrating!! Why do employers even bother lying when there are multiple witnesses to layoffs? Your company sounds like they're trying to avoid paying into the unemployment system. I went through something similar and it took FOREVER to get through to someone at NYS Department of Labor to explain my side. If you can't reach them by phone, you might want to try that Claimyr service - I found it on claimyr.com and they actually got me connected to a live agent who could review my case details. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Sometimes you really need to talk to a real person to explain these complex situations.

oh no this is my worst nightmare! what if they have some fake documentation or something? can employers just make stuff up and get away with it?? i'm supposed to start my claim next week and now i'm terrified my boss will lie about why i left

been there done that with lying employers. the good news is NYS DOL usually sees right through their BS especially when the stories dont add up. if you were really laid off with other people thats pretty easy to verify. just stick to the facts and dont let them intimidate you

I actually work in HR (different company obviously) and I can tell you that employers who falsify information to unemployment offices can face serious penalties from NYS Department of Labor. They're required to provide truthful and accurate information during these investigations. If you have any documentation showing this was a layoff rather than misconduct, that's going to be very valuable. Keep copies of everything and submit it through the proper channels during your adjudication process.

I went through almost the exact same situation last year! My employer claimed I was fired for "poor performance" when I was actually part of a company-wide restructuring. It was so stressful waiting for the decision, but NYS Department of Labor sided with me after reviewing all the evidence. What really helped my case was getting a written statement from my former supervisor (who had moved to a different company by then) confirming that my termination was due to restructuring, not performance. Also, I found old company emails mentioning the layoffs that I had forwarded to my personal email months earlier. Don't give up - the truth usually comes out during their investigation process!

I'm going through something similar right now and it's absolutely nerve-wracking! My former employer is claiming I was terminated for "insubordination" when I was actually let go because they lost a major client. The whole thing feels so unfair. Reading through everyone's experiences here is really helpful though - it sounds like NYS Department of Labor does their due diligence in investigating these disputes. I've been gathering emails and any documentation I can find about the real reason for my termination. Has anyone had success getting former coworkers to provide statements even after they've left the company? I'm trying to track down a few people who witnessed what actually happened.

I'm so sorry you're dealing with this stress - it's incredibly frustrating when employers try to dodge their responsibilities by making false claims. The silver lining is that NYS Department of Labor has seen these tactics countless times and they know what to look for. Since you mentioned you were laid off with 3 other people, that's actually strong evidence in your favor because it shows a pattern of layoffs rather than individual misconduct. Try to get contact information for those other laid-off coworkers if possible - even if they just confirm they were also let go for "budget cuts" on the same day, that contradicts the misconduct narrative. Also, if your supervisor specifically told you it wasn't performance-related, try to remember if anyone else was present during that conversation or if there were any follow-up emails. Document everything you can remember about that final conversation and the days leading up to it. The investigation process can feel overwhelming, but stay focused on the facts and you should be okay.

I went through this exact situation about 6 months ago and it was terrifying at first! My employer claimed I was fired for "violation of company policy" when I was actually laid off due to a contract ending. The key thing that saved me was having everything in writing. I had saved emails to my personal account about the contract ending, and I was able to get statements from two other people who were let go the same week. NYS Department of Labor really does investigate thoroughly - they called my former supervisor directly and the story fell apart when she couldn't provide any specific examples of policy violations. It took about a month to get resolved, but I did receive all my back benefits. Start gathering any documentation now about the layoffs affecting your department, and don't be afraid to reach out to those other 3 coworkers who were let go with you. Most people understand how important unemployment benefits are and will help if they can. Stay strong - the truth usually wins out in these cases!

I'm so sorry you're going through this stress! As someone who just went through a similar ordeal a few months ago, I want to reassure you that NYS Department of Labor really does take these investigations seriously. My former employer tried to claim I was fired for "tardiness" when I was actually part of a department closure, and they ended up looking foolish when the investigator asked for specific documentation they couldn't provide. The fact that you were laid off with 3 other people is actually huge evidence in your favor - that's clearly a reduction in force, not individual misconduct. I'd suggest creating a timeline of everything that happened in your final weeks there, including any conversations about budget cuts or company financial issues. Also, check if your company made any public announcements about layoffs or if there were any news articles about their financial situation around that time. Sometimes companies announce layoffs publicly but then try to classify them as individual terminations to avoid unemployment costs. One thing that really helped me was reaching out to former coworkers through LinkedIn after they had found new jobs - they were much more willing to provide honest statements once they weren't worried about their current employment. Don't let your employer's lies discourage you from fighting this. The system is designed to protect workers from exactly this kind of dishonest behavior!

I'm currently dealing with a similar situation and it's been such an emotional rollercoaster! My former employer is claiming I was fired for "poor attitude" when I was actually laid off due to store closure - they're literally closing the entire location but somehow trying to make it sound like it was my fault. Reading through everyone's experiences here has been so reassuring though. I've been keeping detailed notes of every interaction I've had with NYS Department of Labor so far, and I'm gathering evidence like the store closure notice that was posted publicly and statements from customers who knew about the closure. It's wild how some employers think they can just rewrite history! Has anyone had experience with retail store closures specifically? I'm wondering if there are any particular types of evidence that work well in these cases.

I'm so sorry you're going through this - it's absolutely infuriating when employers try to rewrite history to avoid their unemployment insurance obligations! But honestly, the fact that you were laid off with 3 other people in your department is going to work strongly in your favor. That's a clear pattern of workforce reduction, not individual misconduct. I went through something similar about 8 months ago when my employer claimed I was fired for "insubordination" after they eliminated my entire team due to budget cuts. What really helped me was creating a detailed written account of everything that happened in my final weeks there, including exact quotes from conversations with my supervisor. Since your supervisor specifically told you the layoff wasn't performance-related, try to remember exactly when and where that conversation happened - even small details can help establish credibility. Also, definitely reach out to those other 3 coworkers who were laid off with you if you can. Even if they just confirm they were let go the same day for budget reasons, that completely contradicts your employer's misconduct claim. Most people are willing to help with something like this because they understand how crucial unemployment benefits are. NYS Department of Labor has heard every excuse in the book from employers trying to dodge their responsibilities. They know what real misconduct looks like versus transparent attempts to avoid paying unemployment taxes. Stay organized with your documentation, respond promptly to any requests, and don't let them intimidate you. The truth is on your side here!

I'm going through something very similar right now and this thread has been incredibly helpful to read! My employer is claiming I was terminated for "failure to follow procedures" when I was actually part of a department-wide layoff due to budget constraints. Like you, I was told directly by my manager that it had nothing to do with my performance and everything to do with cost-cutting measures. What's been really eye-opening from reading everyone's experiences here is how common this seems to be - employers apparently lie to avoid paying unemployment costs all the time! I've started gathering documentation like company emails about budget issues and I'm planning to reach out to the other people who were laid off with me. It's reassuring to hear that NYS Department of Labor actually investigates these claims thoroughly and can spot inconsistencies in employer stories. The stress of waiting for a decision while worrying about rent and bills is awful, but it sounds like most people who fight these false claims end up winning. Don't let them intimidate you - you know what really happened and the evidence should back you up. Keep us updated on how your case goes!