Why do employers deny unemployment claims through NYS Department of Labor - need to understand the process
I got fired from my retail job last month for allegedly being late too many times, but my manager never documented these incidents or gave me any written warnings. Now my employer is fighting my unemployment claim with NYS Department of Labor saying I was terminated for misconduct. I don't understand why they would do this - don't they pay unemployment insurance anyway? What exactly happens when employers contest claims and how does NYS Department of Labor decide who's telling the truth? My claim has been in adjudication for 2 weeks now and I'm getting stressed about bills.
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Jamal Brown
Employers contest claims because successful unemployment claims can raise their UI tax rates over time. NYS Department of Labor uses an experience rating system where companies with more approved claims pay higher unemployment insurance premiums. During adjudication, they'll review documentation from both sides - your employer's termination records, attendance policies, any warnings you received, and your statement about the circumstances. The adjudicator will determine if your termination constitutes misconduct under New York unemployment law.
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Zoe Papadopoulos
•That makes sense about the tax rates, I had no idea. Since they never gave me written warnings, does that help my case? I have screenshots of my schedule and can prove I wasn't actually late as often as they claim.
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Fatima Al-Rashid
same thing happened to me but with a restaurant job, they said i was fired for poor performance but never gave me any performance reviews or coaching. took forever to get through adjudication but i eventually won because they couldn't prove their case
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Giovanni Rossi
•Documentation is key in these cases. If your employer can't provide written policies, progressive discipline records, or proof of the misconduct, NYS Department of Labor often sides with the claimant. Make sure you submit any evidence you have during the adjudication process - text messages, emails, schedule screenshots, anything that contradicts their version of events.
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Aaliyah Jackson
I've been dealing with NYS Department of Labor phone issues trying to check on my contested claim status. If you need to actually speak with someone about your adjudication, I found this service called Claimyr (claimyr.com) that helps you get through to NYS Department of Labor agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of busy signals when I needed to submit additional documentation for my appeal.
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Zoe Papadopoulos
•Thanks, I'll check that out. I've been trying to call for days but can never get through to ask about my case status.
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KylieRose
Employers are jerks about this stuff!!! My boss contested my claim even though they laid me off due to 'budget cuts' then hired someone new two weeks later. The whole system is rigged to help businesses screw over workers. At least you have some evidence to fight back with.
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Miguel Hernández
•That's frustrating but not necessarily misconduct if they can prove legitimate business reasons for the layoff and separate hiring decision. Focus on gathering your evidence about the attendance issues - timestamps, schedules, any communication about your performance. If they never followed progressive discipline or their own written policies, that significantly weakens their misconduct claim.
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Sasha Ivanov
wait so if my employer contests will i have to pay back benefits if i lose?? i've been getting payments for 3 weeks now while my claim is being reviewed
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Jamal Brown
•If NYS Department of Labor determines you were ineligible, you may have to repay benefits received during adjudication. However, if you win your case, you keep all payments and continue receiving benefits. This is why it's crucial to provide thorough documentation during the adjudication process.
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NebulaNova
The adjudication process typically takes 2-4 weeks but can be longer depending on case complexity. During this time, NYS Department of Labor will contact both you and your employer for statements and documentation. Make sure to respond promptly to any requests for information. Keep detailed records of all communications and submit any evidence that supports your case - work schedules, text messages, emails, witness statements if available. The key is proving that either the termination wasn't for misconduct under NY law, or that your employer didn't follow their own progressive discipline policies. Good luck with your case!
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