Why would a company deny unemployment benefits with NYS Department of Labor?
My former employer is fighting my unemployment claim and I don't understand why. I was laid off from my warehouse job in December due to what they called 'restructuring' but now they're telling NYS Department of Labor that I was terminated for misconduct. This makes no sense because I never had any write-ups or disciplinary actions. I worked there for almost 2 years with good performance reviews. Why would they lie about this? Is there some benefit to them if my claim gets denied? I'm really stressed because I need these benefits to pay rent.
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Noah Ali
Companies sometimes contest unemployment claims to keep their UI tax rates lower. When former employees receive benefits, it can increase the employer's unemployment insurance premiums. Some employers automatically contest every claim regardless of the circumstances. You should definitely appeal if NYS Department of Labor denies your claim based on their false misconduct allegation.
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Aria Park
•I had no idea their taxes could go up! That's so messed up that they would lie just to save money on taxes.
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Chloe Boulanger
this happened to me too!! my old boss said i quit when i was actually fired. took forever to get it sorted out with NYS Department of Labor but eventually they sided with me when i showed them the termination letter
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Aria Park
•How long did the appeal process take? I'm already behind on bills and can't afford to wait months.
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James Martinez
Document everything you can find about your employment and termination. Gather your performance reviews, any emails about the layoff, your employee handbook, and witness contact information. NYS Department of Labor will schedule a hearing where you can present evidence. The burden is on your employer to prove misconduct, not on you to prove innocence. Also check if you have any documentation showing they called it a layoff initially.
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Aria Park
•I do have an email from HR about the layoffs affecting multiple people. Would that help prove it wasn't misconduct?
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James Martinez
•Absolutely! That email could be crucial evidence. Make sure to bring copies to any hearing and submit it with your appeal paperwork.
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Olivia Harris
I've been trying to reach someone at NYS Department of Labor for weeks about my own employer contest situation but their phone lines are always busy. Has anyone found a way to actually talk to a real person there?
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Alexander Zeus
•I used a service called Claimyr (claimyr.com) that helped me get through to an actual NYS Department of Labor agent when I couldn't reach them myself. They have a video showing how it works at https://youtu.be/qyftW-mnTNI. It was way easier than spending hours on hold and getting disconnected.
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Alicia Stern
EMPLOYERS DO THIS ALL THE TIME!! They know most people won't fight it and will just give up. My company tried to say I was fired for attendance when I was actually laid off due to covid downsizing. I had to get a lawyer involved but eventually won my case. Don't let them get away with lying!
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Aria Park
•Did you have to pay the lawyer upfront or did they work on contingency? I can't afford legal fees right now.
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Gabriel Graham
same thing happened to my brother last year, his company said he was fired for being late too many times but he was actually laid off. he won his appeal tho so dont give up
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