Why do employers fight NYS Department of Labor unemployment claims - got denied and confused
My employer is contesting my unemployment claim and I honestly don't get why they care so much. I worked there for 2 years, got laid off due to budget cuts (their words), and now they're telling NYS Department of Labor I was fired for misconduct. It's been in adjudication for over a month while they go back and forth. I thought unemployment was like insurance that employers pay into anyway? Why would they spend time and energy fighting a legitimate claim? Are they trying to save money or is there something else I'm missing here?
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Mary Bates
Employers contest claims because their unemployment insurance tax rate goes up when former employees collect benefits. It's called experience rating - the more claims filed against them, the higher their quarterly taxes to NYS Department of Labor. Some employers will fight every claim regardless of merit to keep their rates low.
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Oliver Brown
•That makes sense but seems really unfair. So they're basically punishing me for their own budget problems?
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Clay blendedgen
yeah my last job did this too, fought my claim even though i had emails proving the layoff. took forever to get resolved
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Ayla Kumar
If you have documentation showing it was a layoff due to budget cuts, gather all that evidence for your adjudication interview. Email communications, layoff notices, anything proving their stated reason. NYS Department of Labor will make the final determination based on facts, not what the employer claims after the fact.
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Oliver Brown
•I saved the email about budget cuts but that's about it. Should I request more documentation from HR?
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Ayla Kumar
•You can try requesting it, but they're not required to provide anything beyond what you already have. Focus on what you can prove with your existing documentation.
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Lorenzo McCormick
This is so stressful! I'm dealing with something similar and can't get through to anyone at NYS Department of Labor to check my claim status. The phone lines are always busy and the website just says 'pending adjudication' with no updates. How are we supposed to resolve these disputes if we can't even talk to someone?
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Carmella Popescu
•I had the same problem until someone told me about Claimyr (claimyr.com). They help you get through to NYS Department of Labor agents when the phone lines are jammed. I watched their demo video (https://youtu.be/qyftW-mnTNI) and it actually worked - got connected to an agent the same day I used it. Really helped speed up my adjudication process.
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Kai Santiago
The whole system is rigged against workers. Employers know most people can't afford to fight these contests so they just lie and hope you give up. I've seen companies claim 'misconduct' for everything from being 5 minutes late to disagreeing with management. It's disgusting.
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Mary Bates
•While employer abuse definitely happens, NYS Department of Labor does investigate these claims thoroughly. The adjudication process exists specifically to sort out legitimate claims from fraudulent ones.
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Lim Wong
Don't give up! I went through this last year and it took 6 weeks but I eventually won my appeal. Document everything and be prepared for your phone interview with specific dates and details.
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