How long does it take to get an initial determination- NYS (collect, receive)

[brooklyn1234]

Sorry I'm posting so much- last question for now, I promise!


Here is the pertinent information, with my question below:

Laid off: Friday 3/21/14
Claim Effective/Start Date: 3/24/2014
Received Monetary Benefit Determination: 3/27/14
Received notice that my employer was contesting claim: 4/5/14 (dated 4/2/14)


My employer told unemployment that I quit my job. Unemployment sent me forms to collect more information, which I returned via fax on 4/7/14. The notice that I received on 4/5/14 stated that I had 7 days (until 4/9/14) to return the paperwork. It's been a week since I returned everything now, and I haven't heard anything from unemployment regarding the final determination. When I check status online it states that I have a valid claim but that it's pending status. How long does this final determination typically take in New York State? I've read various things- everything from 10 business days to several weeks.

Please note: this is NOT a denial/appeal situation, this is still waiting on the determination for the initial claim once the additional information was submitted. I've continued to claim each week as required.

Thanks!

[Ariadne22]

You say you were discharged/laid off. Employer says you quit.

It's he said/she said, a common scenario under which which no state will issue a ruling no matter what you return in writing. Employers lie ALL THE TIME about layoffs/terminations instead calling them quits. Doing so extends the date for a final determination by several weeks, at least. In NJ, this is an automatic denial kicked up to appeal.

NY is a bit better. However, NY will still need an interview. Expect to hear from NY after they've reviewed your response - probably within the next week or so - on a date for a telephone interview before a final decision is made.

[brooklyn1234]

Wanted to update saying that I just got word that my claim was approved yesterday . I wrote a REALLY detailed explanation of what happened when I filled out the forms which I think definitely helped, plus I provided multiple names and phone numbers of co workers and supervisors they could call to confirm my story.

Very thankful for this!

[Ariadne22]

Congratulations. NY has previously recognized written statements and not bothered with denial/adjudication, although usually they will at least interview. Happy to hear you avoided that. It's good to know they ACTUALLY READ these things and don't waste their (or your) time on winnable issues. Your detail clearly convinced them you were credible. Good job.

Thanks for the update.

[sellis23]

Hi All,

I have a question. I was fired because my title was no longer in effect as this is a non-profit and they said my contracted ended. I went to claim for UI and of course was told I was fired for misconduct with a client, which is not true. I never received a write-up or any warings. I dont even know what situation they are talking about. It has been 4 weeks now that I am just waiting for UI to let me know if my claim is approved or not. If not I will apeal this and take it to court. I recently got a letter of reccomendation from ,y supervisor stating how great of emplyee I was so how can I be fired for misconduct. Do you think I have a case?

[Chyvan]

You don't need a case. It's up to your employer to PROVE that you did something and that it rises to the level of misconduct. You don't have to prove that it didn't happen even though that would be great if you could. Doesn't matter that the employer wrote a nice letter for you to help with getting your next job. That doesn't cost them anything, but paying your UI benefits through their reserve account, does.

You can't count on the UI workers making a correct decision the first time around, so be ready to appeal if you need to, and even if granted benefits, be ready for the employer to appeal.

If you get denied, come back and type in all the words from the denial, and we'll start working on your appeal.

[Ariadne22]

Originally Posted by sellis23

I have a question. I was fired because my title was no longer in effect as this is a non-profit and they said my contracted ended. I went to claim for UI and of course was told I was fired for misconduct with a client, which is not true. I never received a write-up or any warings. I dont even know what situation they are talking about. It has been 4 weeks now that I am just waiting for UI to let me know if my claim is approved or not. If not I will apeal this and take it to court. Do you think I have a case?

You don't say what employer is accusing you of. Accusations of bogus misconduct occur routinely because employer doesn't want its reserve account charged for your benefits and its UI tax to go up. Employers lie ALL the time.

However, employer still has to prove its specific allegations. Has NY sent you a questionnaire? Have you had a personal interview? NY makes a better than normal effort to determine the validity of the "misconduct"before rendering its decision. Most states just automatically deny, and let the appeals court determine the true facts.

That said, in NY, sometimes these investigations can take up to two months. We have a number of reports from NY claimants who won their benefits just on the basis of their questionnaire - despite employer's claims.