When can an employer deny unemployment benefits - NYS Department of Labor rules?
I got terminated last month and filed for unemployment right away. My employer is now claiming I was fired for misconduct and they're fighting my claim. The adjudication has been going on for 2 weeks now. I thought only NYS Department of Labor could deny benefits, not employers? Can my old boss actually block me from getting unemployment? What exactly can employers contest and what rights do I have in this process?
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Laila Fury
Employers can't directly deny your benefits, but they can contest your claim by providing information to NYS Department of Labor about the reason for separation. Common grounds include misconduct, voluntary quit, or attendance issues. The final decision is always made by NYS Department of Labor after reviewing both sides. You should receive a determination letter explaining their decision and your appeal rights if denied.
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Hazel Garcia
•Thanks, that makes more sense. I haven't gotten any determination letter yet, just says adjudication in progress. How long does this usually take?
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Geoff Richards
ugh same thing happened to me, my boss made up some BS about me being late when I was only late twice in 6 months!! took forever to get resolved
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Simon White
•You need to gather any documentation that supports your side - timesheets, emails, performance reviews, anything that contradicts their misconduct claim. NYS Department of Labor will consider all evidence when making their determination.
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Hugo Kass
Wait I'm confused, if I quit my job can my employer still contest it? I thought quitting automatically disqualified you from unemployment benefits?
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Laila Fury
•Not necessarily. If you quit for good cause like unsafe working conditions, harassment, or significant changes to your job, you may still qualify. But if you quit voluntarily without good cause, then yes, you'd likely be disqualified.
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Hugo Kass
•Oh wow I didn't know that! I quit because my manager was making my life hell but I didn't think I could get benefits.
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Nasira Ibanez
I had trouble reaching NYS Department of Labor to check on my adjudication status when this happened to me. Spent hours on hold getting nowhere. Found this service called Claimyr (claimyr.com) that actually got me through to an agent in like 10 minutes. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Might be worth checking out if you need to talk to someone about your case.
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Hazel Garcia
•That's interesting, I'll look into it. I've been trying to call for days with no luck.
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Khalil Urso
•never heard of that but anything beats sitting on hold for 3 hours just to get disconnected
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Myles Regis
THE WHOLE SYSTEM IS RIGGED! Employers lie all the time and NYS Department of Labor just believes whatever they say. I was denied for "job abandonment" when I was in the hospital for surgery! Had to appeal and it took 3 months to get my benefits.
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Simon White
•That sounds frustrating, but appeals do work when you have documentation. Medical records would definitely support your case for that situation.
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Geoff Richards
update: finally got my determination and I was approved! turned out my employer couldn't prove the misconduct allegations. keep fighting it OP!
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Ravi Gupta
The adjudication process can take anywhere from 2-6 weeks depending on how complex the case is and how quickly both parties respond. Since your employer is contesting, NYS Department of Labor has to investigate both sides thoroughly. Make sure you respond promptly to any requests for information or documentation they send you. You can also check your claim status online through the NYS Department of Labor website - it should show if they're waiting for anything from you or your employer.
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