What happens if employer lies to NYS Department of Labor unemployment office - worried about my claim
I got fired from my job last month and filed for unemployment benefits right away. Everything seemed fine until last week when I got a letter saying my former employer is disputing my claim. They're claiming I was terminated for misconduct, but that's completely false! I was laid off due to budget cuts along with 3 other people in my department. My supervisor even told me it wasn't performance related when they let me go. Now I'm terrified that NYS Department of Labor will believe their lies and deny my benefits. Has anyone dealt with an employer making false statements to the unemployment office? What proof do I need to fight this? I really need these benefits to pay my rent.
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Ella Thompson
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.
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Matthew Sanchez
AuthorThank you! I do have an email from HR about the layoffs affecting multiple departments. Should I send that to NYS Department of Labor right away or wait for them to ask for it?
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JacksonHarris
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.
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Jeremiah Brown
How did you get your coworkers to give statements? I'm worried mine won't want to get involved since they still work there.
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JacksonHarris
I just asked honestly and explained that I needed their help. Most people understand that unemployment benefits are important and won't lie for a bad employer. You can also ask them to just confirm basic facts rather than making formal statements.
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Royal_GM_Mark
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.
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Matthew Sanchez
AuthorI haven't heard of that service before. Did it actually work for getting through to NYS Department of Labor? I've been trying to call for days with no luck.
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Amelia Cartwright
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
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Ella Thompson
Take a deep breath - NYS Department of Labor handles these disputes regularly and they're trained to spot inconsistencies in employer claims. If you're leaving for legitimate reasons, document everything and file your claim as normal.
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Chris King
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
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Rachel Clark
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.
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Matthew Sanchez
AuthorThat's really reassuring to hear from someone in HR. I was starting to think employers could just say whatever they wanted. Do you know what kind of penalties they face for lying?
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Rachel Clark
NYS Department of Labor can impose fines and require employers to reimburse benefits that were wrongfully denied. They take fraud seriously from both sides - employers and claimants.
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Daniel Rivera
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!
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