You definitely should appeal this. Willful misconduct requires intent to harm the employer or deliberate disregard for their interests. Simple policy violations might not meet that standard depending on the circumstances. The appeal process gives you a chance to present your side and challenge their interpretation.

I work in employment law and see these cases regularly. The key thing to understand is that NYS Department of Labor defines willful misconduct more broadly than most people expect. It's not just criminal behavior - it includes any deliberate violation of reasonable employer rules after you've been given notice that the behavior needs to stop. Since you had two written warnings about phone use, they likely have a strong case. However, you should still appeal because sometimes the employer's documentation is inadequate or the policy wasn't clearly communicated. The worst that happens is you lose the appeal, but you might win if there are gaps in their evidence.

I'm currently dealing with the same exact situation - week 4 of pending status and getting absolutely nowhere with the regular NYSDOL channels! This thread has been incredibly helpful in showing there are actual solutions beyond the endless automated phone loops. @Sean Kelly congratulations on finally getting your backpay - the employer verification issue explanation is really eye-opening since my former employer has also been slow to respond to documentation requests. @Emma Wilson the Office of Special Investigations complaint option is something I never would have found on my own - definitely adding that to my backup plan! @Giovanni Mancini your point about systematic documentation is spot on, I've been loosely tracking my failed calls but need to start recording reference numbers and dates more carefully. It's both frustrating and reassuring to know so many others are stuck in identical situations - really highlights how broken this system is. Based on all the success stories shared here, I'm planning to contact my assembly person first thing tomorrow morning. This community has provided more actionable advice in one thread than weeks of trying to navigate official channels. Will definitely update with my results - thank you everyone for sharing what actually works instead of the usual "keep calling" advice that goes nowhere!

I'm currently on week 3 of pending status and this thread has been a lifesaver! Reading everyone's experiences has given me hope that there's actually a way out of this nightmare. @Sean Kelly so glad you finally got your backpay - the employer verification issue makes perfect sense since my previous company has been dragging their feet on everything post-termination. @Emma Wilson I had no clue about the Office of Special Investigations complaint option, that's definitely going on my list of backup strategies! @Giovanni Mancini your documentation advice is gold - I've been casually tracking my failed calls but clearly need to get more systematic about recording reference numbers and dates. It's incredible how this community has figured out what actually works while the official system just leaves you hanging in limbo. I'm calling my assembly person's office first thing Monday based on all these success stories. The fact that so many of us are dealing with identical situations really shows how fundamentally broken this system is, but at least we're helping each other find real solutions! Will definitely report back with my progress. Thank you everyone for sharing actionable advice instead of the useless "keep trying" responses you get from official channels.

The general rule is file the day after your last day of work or as soon as you know you'll be unemployed. For layoffs with advance notice, you can sometimes file before your last day if you have a specific end date. But in most cases like yours where you're already separated, file immediately. The my.ny.gov system will walk you through everything step by step.

I went through this exact same confusion when I lost my job last year! The key thing to remember is that your benefit year starts from when you file, not when you became unemployed. Since you're already 5 days past your last work day, definitely file today - don't wait any longer. I made the mistake of overthinking it and lost a whole week of potential benefits. The online system at my.ny.gov is actually pretty straightforward once you get started. Just have your Social Security number, driver's license, and employment history ready. The sooner you file, the sooner your waiting week starts counting down. Good luck!

This thread is amazing - wish I had found it last week when I was pulling my hair out trying to get benefit verification! I ended up having to take a day off work to stand in line at the local DOL office because I couldn't figure out the online system. Reading through all these solutions, I realize I was probably making it way harder than it needed to be. The mobile app approach sounds so much easier than what I went through. For anyone else struggling, I'd also add that if you have direct deposit set up, your bank statements showing the regular unemployment deposits can sometimes work as supplementary proof along with screenshots of your claim status. My landlord accepted that combination when I was in a similar rush situation. It's not as official as the verification letter but it shows the consistent benefit payments which is often what they're really looking for. Thanks to everyone who shared their workarounds - this is definitely getting bookmarked for future reference!

This entire thread should be pinned or turned into a FAQ! I'm amazed at how many different solutions everyone found for what should be a straightforward process. I'm currently on unemployment and haven't needed verification yet, but I'm definitely saving all these methods for when I do. The fact that we need a mobile app, multiple phone strategies, in-person visits, AND backup documentation just to get proof of benefits really highlights how broken the NYS Department of Labor system is. But honestly, this community problem-solving is incredible - you all figured out more workarounds than the official help desk probably knows about. Special thanks to everyone who shared specific paths, phone numbers, and timing strategies. This is exactly why online communities are so valuable when dealing with bureaucratic nightmares!

I went through this exact situation about 6 months ago with my two kids. You can definitely get both - I'm still receiving SNAP even while getting unemployment. The key thing is to be completely honest on your SNAP application about receiving unemployment. They'll calculate your SNAP benefits based on your total household income including the unemployment payments. For a family of 3, you might still qualify for a decent amount even with unemployment income. Also, don't forget to look into WIC if your kids are under 5 - that's separate from SNAP and really helpful for families. The whole process takes a few weeks so definitely get both applications in as soon as possible.

I'm in a similar situation and just wanted to add that the local DSS offices can be really helpful if you can get there in person. I know it's hard with kids but when I applied for SNAP, the caseworker walked me through exactly how my unemployment benefits would affect my food stamp amount. They have calculators that show you right away what you'd qualify for. Also, if you're having trouble with childcare for job searching while on unemployment, some counties have emergency childcare assistance programs that can help bridge the gap. Don't give up if the first application seems overwhelming - there are people there to help you navigate it all.