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Oliver Schmidt

Why would an employer fight an unemployment claim - NYS Department of Labor hearing scheduled

I got terminated from my job at a retail store last month and filed for unemployment benefits. Now I just received a notice that my former employer is contesting my claim and there's going to be a hearing with the NYS Department of Labor. I thought I was fired for performance issues but apparently they're saying I was terminated for misconduct. I don't understand why they would even bother fighting this - what do employers gain from contesting unemployment claims? Has anyone else dealt with this situation before?

Employers contest claims for several reasons. First, successful contests can lower their unemployment insurance tax rates since fewer claims against them means lower costs. Second, if they can prove misconduct or voluntary quit, they avoid paying into the system for that claim. Performance issues usually don't disqualify you, but willful misconduct does. Do you have any documentation about why you were fired?

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I have my termination letter that just says 'poor performance' but nothing about misconduct. Should I bring that to the hearing?

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Javier Torres

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same thing happened to me!! my old boss fought my claim even though he fired me for being 5 minutes late twice. some employers just dont want to pay higher taxes i guess. the hearing was actually pretty easy though, just tell the truth

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Did you win your case? I'm so nervous about having to argue with my former employer in front of the NYS Department of Labor.

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Emma Wilson

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Here's what most people don't realize - employers pay unemployment insurance premiums based on their claims history. More successful claims = higher premiums. Some companies have policies to contest every single claim regardless of merit, hoping people won't show up to the hearing or won't know how to defend themselves. It's honestly pretty sleazy but totally legal.

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QuantumLeap

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This is so true! My company had a whole department dedicated to fighting UI claims. They'd rather spend money on lawyers than let employees get benefits they earned.

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Malik Johnson

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wait this is confusing... if you got fired for performance that should still qualify you for unemployment right??? unless they're claiming you did something really bad like stealing or not showing up. what exactly did they say you did wrong?

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Exactly right - poor performance alone doesn't disqualify you. They have to prove willful misconduct, which is a much higher bar. Sounds like the employer might be trying to reframe the termination.

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I had a nightmare trying to reach anyone at NYS Department of Labor when my employer contested my claim. Spent weeks calling and never got through. Finally found this service called Claimyr (claimyr.com) that actually got me connected to a real person who could explain the hearing process. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth checking out if you need to talk to someone before your hearing.

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Thanks for the suggestion! I really do need to understand what to expect at this hearing. The notice from NYS Department of Labor wasn't very clear about the process.

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Ravi Sharma

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Been through 3 of these hearings over the years (different jobs, long story). Bring any emails, write-ups, your employee handbook, anything that shows what really happened. The administrative law judge will ask both sides questions. Don't let your employer intimidate you - stick to the facts and you'll be fine.

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Just went through this exact situation a few months ago! My former employer claimed I was terminated for "insubordination" when really I was just asking questions about unsafe working conditions. The hearing was less intimidating than I expected - it was done over the phone and lasted about 30 minutes. The judge asked me to explain my side first, then my employer presented their case. I had screenshots of our text conversations and my original job description which helped prove I wasn't being insubordinate. Won the case and got all my back benefits. The key is having documentation and staying calm during questioning. Good luck with your hearing!

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Kyle Wallace

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That's really encouraging to hear! I'm glad you were able to document everything with texts and job descriptions. I'm realizing I should probably gather up any emails or messages I have from my manager about my performance. Did you have a lawyer or represent yourself? I'm trying to figure out if I need legal help or if I can handle this on my own like you did.

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Grace Johnson

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I went through something similar last year with a retail chain that contested my claim. What I learned is that some companies have automated systems that flag ANY termination for a contest, regardless of the actual circumstances. They're banking on people not showing up to defend themselves. For your hearing, focus on the fact that your termination letter specifically says "poor performance" - that's actually great documentation in your favor since poor performance typically doesn't constitute misconduct under NY law. The burden is on them to prove you committed willful misconduct, not just that you weren't meeting expectations. Document everything you can remember about your final weeks there and any conversations with management. You've got this!

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