Why would employer deny unemployment claim - NYS Department of Labor investigation ongoing
My former employer is fighting my unemployment claim and I don't understand why. I worked at a marketing firm for 2 years and got laid off due to budget cuts in December. When I filed with NYS Department of Labor, everything seemed normal at first but now my claim is in adjudication and they sent me a form saying my employer is disputing it. The employer told NYS Department of Labor that I was fired for poor performance, which is completely false - I have emails showing they praised my work just weeks before the layoff. Why would they lie about this? Are they trying to avoid paying into the unemployment system or something? Has anyone dealt with employers making false claims to deny unemployment benefits?
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Ben Cooper
Employers sometimes contest claims to keep their unemployment tax rates low. When someone gets approved for UI benefits, it can increase the employer's state unemployment tax. They might also genuinely believe the termination was for misconduct even if you disagree. Save all those emails praising your work - you'll need them for the adjudication process. NYS Department of Labor will investigate both sides and make a determination.
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Khalid Howes
•That makes sense about the tax rates. I have tons of positive feedback emails and my last performance review was excellent. How long does the adjudication usually take?
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Naila Gordon
this happened to me too!! my old boss said I quit when I was actually fired. took forever to get resolved but I eventually won the case. make sure you respond to any forms they send you
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Cynthia Love
You should gather all documentation that supports your version of events - performance reviews, emails, witness statements from coworkers if possible. When NYS Department of Labor conducts the fact-finding interview, be specific about dates and have your evidence organized. If they rule against you initially, you can appeal the decision. The key is proving the employer's version is inaccurate.
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Khalid Howes
•Do I need a lawyer for this or can I handle it myself? I'm worried about the cost of legal help.
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Cynthia Love
•Most people handle unemployment appeals without lawyers. The process is designed to be accessible. Just be thorough with your documentation and honest in your responses.
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Darren Brooks
I had a nightmare trying to reach NYS Department of Labor during my adjudication. Kept getting busy signals or hung up on after waiting an hour. Finally used this service called Claimyr (claimyr.com) that gets you through to actual agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made it so much easier to get status updates and ask questions about my case.
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Rosie Harper
•never heard of that but anything's better than the endless phone tree. how much does it cost?
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Darren Brooks
•They focus on the service value rather than pricing. Check their site for details. For me it was worth it just to avoid the phone frustration.
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Elliott luviBorBatman
EMPLOYERS DO THIS ALL THE TIME!! They think they can just lie and get away with it. Fight it hard because if you don't push back they'll keep doing it to other people. The whole system is rigged to favor businesses over workers.
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Demi Hall
same thing happened to my friend last year, turned out the HR person just checked the wrong box on the form and said misconduct instead of layoff. might be a simple mistake?
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Khalid Howes
•I hope that's all it is. Though it's weird they would make that mistake when I have the layoff paperwork they gave me.
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