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THE WHOLE SYSTEM IS A JOKE!!! I've been calling for THREE WEEKS about my disqualification and they never answer. How are people supposed to survive when they make it impossible to reach anyone???
Just wanted to say good luck OP! I was in a similar situation last year and it worked out fine. The key is to be honest about what happened but don't admit to any wrongdoing if you don't think you did anything wrong.
Here's what you need to know: NYS Department of Labor will contact your employer to get their side of the story. Document everything you can remember about the termination - dates, what was said, any witnesses. If they deny your claim based on misconduct, you have the right to appeal and request a hearing where you can present your case.
Processing time varies but usually 2-3 weeks if everything goes smoothly. Sometimes your claim goes into adjudication if they need to verify your employment or separation reason - that can add several more weeks. Make sure you have all your documentation ready when you file to avoid delays.
I went through this whole process last year when my restaurant closed. Honestly the hardest part was just understanding all the terminology at first - adjudication, monetary determination, waiting week, etc. But once you get into the routine of filing weekly it becomes pretty automatic. Just don't miss filing a week or you'll lose benefits for that period.
If you're struggling to get through to NYS Department of Labor about employer issues, I had success using a service called Claimyr (claimyr.com) to actually reach someone. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. It's mainly for claimants but I used it when I couldn't get answers about a separation dispute and needed to speak with someone urgently. Way better than sitting on hold for hours.
The whole system seems designed to favor employees over employers tbh. We document everything now - attendance, performance issues, policy violations. Because when someone files for unemployment after you fire them, you better have good documentation or NYS Department of Labor will side with the employee every time. It's like guilty until proven innocent.
Justin Trejo
WAIT so if employers don't want their tax rate to go up they might lie about why you left??? That seems so unfair! What if they say I quit when I was actually laid off?
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Romeo Barrett
•If your employer provides false information, you can appeal and provide documentation proving you were laid off. Keep any emails, termination letters, or witness information that supports your case.
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Alana Willis
My sister went through this whole thing last year when her restaurant closed down. The owner tried to say everyone quit instead of admitting he had to lay people off. She had to appeal but eventually got her benefits approved. The key is having proof of what really happened.
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