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?
20 comments
Join the conversation
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.
0 coins
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?
0 coins
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
0 coins
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.
0 coins
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?
0 coins
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.
0 coins
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.
0 coins
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.
0 coins
Hazel Garcia
•That's interesting, I'll look into it. I've been trying to call for days with no luck.
0 coins
Khalil Urso
•never heard of that but anything beats sitting on hold for 3 hours just to get disconnected
0 coins
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.
0 coins
Simon White
•That sounds frustrating, but appeals do work when you have documentation. Medical records would definitely support your case for that situation.
0 coins
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!
0 coins
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.
0 coins
Emma Johnson
•This is really helpful info! I've been checking the website daily but it just keeps saying "adjudication in progress." Good to know 2-6 weeks is normal - I was starting to worry something was wrong with my case. Did you have to provide additional documentation during your process?
0 coins
Amina Sy
•Yes, they asked for my employment records and any written warnings I received. I also submitted character references from coworkers and my attendance records to counter my employer's claims. The key is being proactive - don't wait for them to ask, submit anything that supports your case right away. It helped speed up my process since they had all the info they needed upfront.
0 coins
Omar Farouk
I went through something similar last year when my employer contested my claim saying I violated company policy. What really helped my case was keeping detailed records - I had emails showing I followed proper procedures and even got written confirmation from my supervisor on certain decisions. NYS Department of Labor ended up ruling in my favor because I could prove the employer's version didn't match the documentation. My advice is to gather any evidence you have (emails, texts, photos, witness statements) and submit it proactively rather than waiting for them to request it. Also, don't let your employer intimidate you - they have the burden of proving misconduct, not the other way around.
0 coins
Brooklyn Foley
•This is exactly what I needed to hear! I've been so worried that my employer's word would automatically be believed. I do have some emails that show I was following the procedures they trained me on, so I'll definitely submit those. It's reassuring to know that NYS Department of Labor actually looks at the evidence carefully. How long did it take for your case to get resolved once you submitted all your documentation?
0 coins
Melissa Lin
•@Omar Farouk That s'really encouraging to hear! I m'in a similar situation right now where my employer is claiming misconduct but I have emails and documentation that contradict their story. Did you submit everything at once or send it in pieces as you found more evidence? Also, were you able to get unemployment payments while the adjudication was happening or did you have to wait until it was resolved?
0 coins
Vera Visnjic
•@Melissa Lin I submitted everything at once in one big package - it seemed more organized that way and showed I was being thorough from the start. As for payments, unfortunately you have to wait until the adjudication is complete before any benefits are released. But if you win your case, they ll'backpay you for all the weeks you were eligible from when you first filed. The waiting is the hardest part, but stay strong and keep all your documentation organized!
0 coins