What happens to an employer when an employee files for unemployment with NYS Department of Labor?
I'm curious about the other side of this process. When someone files an unemployment claim with the NYS Department of Labor, what exactly happens to the employer? Do they get notified immediately? Are there any penalties or consequences for the company? I'm asking because I might need to file soon and I'm wondering if my former employer will know right away or if there's some kind of investigation process that affects them.
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Zara Mirza
Yes, employers get notified when you file. NYS Department of Labor sends them a "Notice of Unemployment Insurance Claim Filed" within a few days of your initial claim. They have 10 days to respond with information about your separation - whether you were laid off, fired, quit, etc. This response affects whether your claim gets approved or goes into adjudication.
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Sean Kelly
•So they find out pretty quickly then. Do they get to see all the details I put in my application or just basic info?
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Luca Russo
From what I understand, there's also a financial impact on employers. Their unemployment insurance tax rate can go up if they have too many successful claims filed against them. That's why some employers fight claims even when they're clearly valid - it costs them money in the long run.
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Nia Harris
•wait really?? so my old boss might try to say I quit when I was actually laid off just to avoid paying higher taxes? that seems messed up
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GalaxyGazer
The employer gets a form asking for separation details, your last day worked, final wages paid, and reason for separation. If they don't respond within 10 days, NYS Department of Labor usually processes the claim based on your information alone. But if they do respond and dispute your version of events, that's when you might end up in adjudication while they investigate.
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Sean Kelly
•Good to know about the 10-day deadline. What if they respond late - does that help my case at all?
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Mateo Sanchez
My previous employer actually called me after I filed asking why I didn't give them a heads up. Apparently they were scrambling to find all my employment records and were upset about the potential tax implications. I told them I didn't owe them any courtesy after they laid me off with zero notice!
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Aisha Mahmood
•They have no right to call you about that. You don't need their permission to file for benefits you're entitled to.
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Ethan Moore
If you're having trouble reaching NYS Department of Labor about claim status or need to speak with an agent about employer disputes, I used a service called Claimyr (claimyr.com) that helped me get through to someone when I couldn't get past the busy signals. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really saved me time when my employer was contesting my claim and I needed to provide additional information.
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Sean Kelly
•Thanks for the suggestion! I'll check that out if I run into issues getting through to them.
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Nia Harris
honestly employers shouldn't be able to contest claims unless there's actual misconduct involved... like if someone just gets laid off due to budget cuts why should the company be able to fight it
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Ava Rodriguez
•I totally agree! It seems like the system should distinguish between layoffs/downsizing versus situations where there's actual employee misconduct. When companies are just trying to save money on their UI tax rates by disputing legitimate claims, it just makes an already stressful situation even worse for people who are already out of work through no fault of their own.
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Drew Hathaway
Just went through this process myself a few months ago. My employer definitely tried to claim I was fired for performance issues when I was actually part of a reduction in force. The good news is that NYS DOL investigators are pretty good at seeing through bogus employer responses - they asked for documentation that my company couldn't provide. The whole adjudication process took about 3 weeks but I eventually got approved and received back pay for the delayed period. Don't let employer pushback discourage you from filing if you're legitimately entitled to benefits.
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