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Ava Martinez

NYS Department of Labor claim denied - employer says I quit but I was forced out due to unsafe conditions

My unemployment claim got denied because my former employer told NYS Department of Labor that I voluntarily quit. But that's not true - I was basically forced to leave because they kept making us work in dangerous conditions without proper safety equipment. When I complained about it, they started cutting my hours and making my job impossible. I felt like I had no choice but to leave. Now NYS Department of Labor says I'm disqualified for benefits. Has anyone successfully appealed this kind of situation? I really need these benefits while I look for another job.

Ugh the whole system is so frustrating!! Employers lie all the time and NYS Department of Labor just believes whatever they say first. I've been trying to get through to an actual person at NYS Department of Labor for WEEKS about my own claim issues. The phone system is impossible.

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I had the same problem reaching NYS Department of Labor by phone until someone told me about this service called Claimyr (claimyr.com). They basically call for you and get you connected to an actual agent. I was skeptical but watched their demo video (https://youtu.be/qyftW-mnTNI) and decided to try it. Got through the same day and finally got my adjudication issue resolved. Might be worth checking out if you can't get through on your own.

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wait so if you quit because of unsafe conditions that counts as being fired? i didnt know that was a thing

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Not exactly. It's called constructive discharge - when working conditions become so intolerable that a reasonable person would feel forced to quit. NYS Department of Labor has to determine if the conditions were severe enough to justify leaving.

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Luis Johnson

NYS Department of Labor - when can you not file for unemployment benefits?

I'm trying to understand all the situations where someone wouldn't be eligible to file for unemployment in New York. My friend just got fired from her retail job but she's worried she might not qualify because she heard there are certain circumstances that disqualify you completely. Can anyone explain what would prevent someone from filing a claim with NYS Department of Labor? I want to make sure I give her accurate information before she tries to apply.

THE SYSTEM IS SO CONFUSING!! why can't they just have a simple list of who can and can't apply instead of making everyone guess if they qualify or not. I spent weeks worried I couldn't file only to find out I was eligible the whole time.

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I know right? The website makes it sound like almost nobody qualifies but most people who lost their job through no fault of their own can file

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Bottom line - if your friend was fired from a regular W-2 job and it wasn't for serious misconduct, she should definitely try filing a claim. NYS Department of Labor will review her case during adjudication and make the final determination. It's better to apply and potentially get denied than not apply at all and miss out on benefits she's entitled to.

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Caleb Stone

How long after being fired do you have to file for unemployment with NYS Department of Labor?

Got terminated from my warehouse job last Tuesday and I'm honestly not sure when I need to file my unemployment claim. My supervisor said something about filing right away but my coworker told me I have like 30 days or something? I don't want to mess this up and lose out on benefits. Does anyone know the actual deadline for filing with NYS Department of Labor after you get fired? Also do I need any specific paperwork from my employer before I can file?

If you're having trouble getting through to NYS Department of Labor to file or have questions, I actually used this service called Claimyr recently when my claim got stuck in adjudication. They help you get connected to actual agents without waiting on hold forever. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Way easier than trying to call the regular number and getting hung up on.

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Thanks I'll check that out if I run into issues filing online. Hopefully the website works okay though.

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just file ASAP dont wait around like i did

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Jamal Wilson

Can you reopen unemployment claim with NYS Department of Labor after voluntary closure?

I closed my unemployment claim back in October when I started a temporary job that I thought would become permanent. Well, that didn't work out and they let me go last week. Now I'm trying to figure out if I can reopen my old claim or if I need to file a completely new application with NYS Department of Labor. Has anyone been through this process? I'm worried about losing my benefit year or having to start over with a lower weekly benefit amount.

THE WHOLE SYSTEM IS A JOKE! They make it impossible to get help when you need it most. I've been trying to resolve an overpayment issue for months and every time I call they transfer me to someone else who transfers me again. It's like they WANT people to give up.

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Just wanted to add that when I reopened my claim last year, everything went smoothly online. The key is making sure you do it as soon as possible after becoming unemployed again. There might be a waiting week depending on your situation, but your benefit amount should stay the same as your original claim.

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GalaxyGlider

Why does NYS Department of Labor unemployment verification take so long?

I'm going on week 6 waiting for my unemployment claim to get approved and I'm starting to lose my mind. Filed in early December after getting laid off from my warehouse job and it's been sitting in 'adjudication pending' status this whole time. I keep checking my.ny.gov every day and there's no updates, no requests for additional info, nothing. Called the NYS Department of Labor hotline probably 20 times and either get disconnected or told they can't give me any timeline. Why does unemployment take so long to process? Is this normal or did something go wrong with my application?

THE WHOLE SYSTEM IS BROKEN!!! I've been waiting 8 weeks and they keep saying 'processing' with no timeline. Meanwhile bills are piling up and I can't get anyone to tell me what's actually happening with my claim. NYS Department of Labor acts like they're doing us a favor when this is INSURANCE WE PAID INTO!!!

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I feel you on this one, the whole process is so stressful when you're already dealing with job loss

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btw make sure you keep filing your weekly claims even while it's pending, otherwise you might miss out on back pay when it finally gets approved

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Yeah I've been doing that religiously every Sunday. At least that part of the system works consistently.

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