You can appeal if there are errors in your reported wages, but you can't appeal the calculation formula itself. The formula is set by state law. If you have W-2s or pay stubs showing wages that aren't reflected in your base period, definitely submit those for a redetermination.

I'm in a similar situation and just wanted to add that you should also check if your employer properly reported all your regular wages, not just tips. I discovered my previous employer had misclassified some of my hours, which reduced my benefit amount. Also, if you worked multiple jobs during your base period, make sure all employers are showing up in your wage records. Sometimes smaller employers or restaurants don't report correctly to NYS Department of Labor, and you can get those wages added if you have documentation like pay stubs or W-2s.

I just went thru this whole process. That letter is normal, but what they don't tell you is that somebody still has to manually review your case. Some lucky ppl get approved automatically but most of us end up in this weird limbo where we're technically "pending" for weeks or months. I couldn't get anyone on the phone until I used claimyr.com - totally worth it to finally get a human who could actually fix my issues.

Same exact situation here! Got my monetary determination letter showing $387/week but that confusing disclaimer had me worried too. Based on everyone's responses, sounds like this is just step 1 and we need to wait for the actual eligibility decision. Really appreciate all the detailed explanations - makes me feel way less anxious about the process. Going to keep doing my weekly certifications and just be patient (even though it's hard when bills are piling up). Thanks everyone for sharing your experiences!

You don't need a lawyer for the unemployment hearing. Most people represent themselves and do fine. Just make sure you have copies of everything - termination letter, any emails about the layoff, witness contact info if coworkers can back up your story. The ALJ will ask both you and your employer questions. Stay calm and stick to the facts. Since you have written proof of the layoff, you're in a good position.

I went through a similar appeal last year and want to add a few things that helped me. First, when you get your hearing notice, it will include instructions on how to submit evidence beforehand - definitely do this rather than just bringing it to the hearing. You can usually email or fax documents to the ALJ's office. Second, practice explaining your situation clearly and concisely. The hearing goes by quickly and you want to make sure you hit all the key points about why it was a layoff, not misconduct. Also, if your company had any WARN notices or press releases about layoffs around the time you were let go, try to find those online - they can be great supporting evidence. The good news is that misconduct cases have a high burden of proof for employers, so if you have documentation showing it was economic reasons, you should be in good shape.

I've been trying to reach someone at NYS Department of Labor for weeks about my veteran claim and keep getting disconnected. The automated system is useless and I can't get through to talk to a real person about my specific situation. This is so frustrating when you're trying to get benefits you earned.

Just wanted to add that the job search requirements are the same for veterans as everyone else - you still need to do 3 work search activities per week and keep records. Some people think military service exempts you from that but it doesn't.

good cause is basically when your job becomes impossible to keep doing. toxic boss counts but you gotta prove it happened

I went through a similar situation last year with NYS Department of Labor and was approved for benefits after quitting due to workplace harassment. The key things that helped my case were: 1) I had documented dates, times, and details of each incident, 2) I had email evidence showing I tried to address it through proper channels, and 3) I could show the harassment was affecting my work performance and mental health. Since you already reported to HR twice and have screenshots, you're in a good position. Just make sure when you file your claim that you clearly explain how you tried to resolve the situation first and why continuing to work became unreasonable. The adjudicator will want to see that you made good faith efforts before quitting. Good luck!