The worst part about this whole thing is it's IMPOSSIBLE to get anyone on the phone at ny unemployment 😤 I spent literal days trying before I found a workaround. Use claimyr.com - they'll get you a callback from an actual agent instead of waiting on hold forever. Saved me so much stress when I was dealing with fraud on my account.

This is absolutely terrifying and I'm so sorry you're going through this! The combination of fraudulent unemployment claims AND suspicious IRS activity sounds like a major identity theft ring got hold of your information. A few things that stood out to me from your IRS transcript - those multiple refunds and credits from 2020-2021 are definitely red flags, especially the amended return you don't remember filing. The scammers might have been using your identity for tax fraud too, which could explain how they had enough info to file the unemployment claim. One thing I haven't seen mentioned yet - make sure to contact your state's Attorney General's office about this. They often have special identity theft units and can sometimes expedite cases with DOL. Also, consider signing up for the IRS Identity Protection PIN program if you haven't already - it adds an extra layer of security for future tax filings. The fact that you caught this so quickly is actually really good. Document everything with timestamps and keep pushing to get through to someone at DOL. Don't give up even if it takes multiple attempts. Your quick action could prevent this from getting much worse. Stay strong - you're doing all the right things! 💪

Based on everyone's responses here, it really sounds like you have a solid case! NYS Department of Labor generally requires misconduct to be willful and deliberate - not circumstances beyond your control like childcare issues. The fact that you always called in ahead of time shows you were acting in good faith and trying to communicate with your employer. I'd definitely recommend filing your claim as soon as possible and including any documentation you have about your childcare situation (daycare notices, babysitter communications, etc.) right from the start. Even if they initially deny it, you can always appeal, but from what others have shared here, situations like yours often get approved on the first review when properly documented. Don't let your employer's claim discourage you from applying - you deserve those benefits while you search for new work!

I work as a benefits advocate and have helped many people navigate NYS Department of Labor misconduct determinations. Your situation sounds very promising for approval! The key factors working in your favor are: 1) You always called in (shows good faith communication), 2) The tardiness was due to legitimate childcare issues (beyond your control), and 3) You only had one written warning before the additional incidents. NYS DOL typically looks for a pattern of willful disregard after multiple clear warnings. Childcare emergencies are generally viewed as excusable circumstances, not misconduct. When you file, be sure to emphasize that these were unexpected childcare situations that you communicated about immediately. Include any documentation like daycare closure notices or babysitter emergency texts. Even if initially denied, your case sounds very winnable on appeal. Don't let your employer's misconduct claim discourage you from filing - they have the burden of proving willful misconduct, which is a high standard.

I'm in week 14 of my benefits and finding this thread has been incredibly valuable - thank you to everyone who has shared their experiences and resources. Like so many others here, I had completely misunderstood how the system works and assumed I could simply reapply after 26 weeks. Learning about the qualifying wages requirement now, with 12 weeks still remaining, gives me a real opportunity to prepare properly. The comprehensive list of resources shared here is amazing - SNAP, HEAP, library services, temp agencies, workforce development programs, community college job placement services. I've been creating a spreadsheet to track all these options and plan to start applying for assistance programs within the next few weeks to avoid any processing delays. One question for those who have experience with workforce development programs - do you know if there are any restrictions on what types of training qualify? I'm in marketing/communications and wondering if there are approved programs in digital marketing or other related fields that might help me transition while maintaining some support. The psychological aspect of watching that 26-week countdown is really challenging. I find myself alternating between hope that I'll find something soon and anxiety about what happens if I don't. But reading how this community has supported each other through these transitions gives me confidence that there are ways to navigate this successfully. This thread has provided more practical, actionable information than anything I've found through official channels. The willingness of people to share their real experiences - both the struggles and the solutions they found - is incredibly helpful for those of us still working through this process.

I'm in week 12 of my benefits and this thread has been absolutely invaluable - thank you to everyone who has shared their knowledge and experiences so openly. Like virtually everyone else here, I had no clue about the qualifying wages requirement and was completely unprepared for the reality that you can't just reapply after exhausting 26 weeks. Having 14 weeks left feels like a gift after reading how many people discovered this information with only days or weeks remaining. I'm going to use this time to systematically work through all the resources mentioned here - starting SNAP and HEAP applications early, connecting with my local NY Career Center, researching temp agencies, and exploring those workforce development programs. The 599 Training Program keeps coming up in these responses and it sounds like something I should investigate immediately while I still have time to get approved. Does anyone know if there are specific industries or skill areas they prioritize, or is it pretty open to different career paths? I'm also going to check out that community college job placement service tip - I have a local campus about 20 minutes away and had no idea they offered those services to non-students. The mental health aspect of this countdown is already affecting me and I'm not even halfway through yet. But seeing how this community rallies around each other and shares practical solutions gives me real hope that we can all navigate this transition successfully, even when the official systems seem designed to leave us hanging. This thread has been more helpful than months of trying to get clear information through government websites and phone lines. Thank you all for creating such a supportive and informative space!

I went through this same situation last year when I was laid off at 60. One thing to keep in mind is that the pension offset calculation can get tricky if your pension payments aren't consistent month to month. NYS Department of Labor calculates it based on the weekly equivalent, so if your pension varies, you'll need to report the actual amount each week. Also, make sure you understand whether your pension is considered "contributory" (you paid into it) or "non-contributory" (employer fully funded) because the rules can be slightly different. I'd recommend getting everything in writing from NYS Department of Labor about exactly how they'll calculate your offset so there are no surprises later.

I'm dealing with a similar situation right now and wanted to share what I learned from my experience. When I called NYS Department of Labor to ask about the contributory vs non-contributory pension question, they told me that for contributory pensions (where you paid into it), they may reduce the offset amount by the portion you contributed. So if you paid 50% of the contributions and your employer paid 50%, they might only offset your unemployment by half of the weekly pension amount. But this varies case by case and you really need to get the specific calculation from them in writing. Also, keep all your pension documentation handy when you file your claim - they'll want to see the details about your contribution history. The whole process is definitely confusing but it's worth getting the exact numbers from them rather than guessing.

I just went through this exact situation and wanted to share what finally worked for me! I was stuck in adjudication for 14 weeks after filing in July, and when I finally got approved they only started my benefits from the approval date. I was so frustrated because I had been filing my weekly claims the entire time like I was supposed to. After reading advice similar to what's in this thread, I called at exactly 8:00 AM and got through after about 35 minutes. I used the phrase "I need help processing retroactive benefits for eligible weeks during my adjudication period" and the rep immediately knew what I was talking about. She confirmed that since I had filed continuously during adjudication, I was entitled to back pay from my original effective date. She processed it on the spot and gave me a reference number starting with RBC. The retroactive payment came as one lump sum exactly 7 business days later and covered all 14 weeks I had been waiting. Don't lose hope - if you kept filing your weekly claims during adjudication, that money is rightfully yours! The key is being persistent with calling early in the morning and using the correct terminology so they understand exactly what you need.

I'm dealing with this exact same situation and this thread has been incredibly helpful! Filed my claim back in late August, got stuck in adjudication for almost 4 months, and just got approved this week. Of course, like everyone else here, they only started my benefits from the approval date instead of my original filing date. I've been so stressed about this because I kept filing my weekly claims the entire time during adjudication, thinking I was doing everything right. Reading all these success stories with the 8am calling strategy and specific phrases like "retroactive benefits calculation for my approved claim after adjudication" is giving me the confidence to actually make that call tomorrow morning. The consistent timeline of 7-10 business days for getting the lump sum payment across everyone's experiences is really encouraging. I've been behind on rent and bills for months while waiting for this to get resolved, so knowing there's a clear path to getting what I'm owed is such a relief. Thank you to everyone who shared their detailed experiences and exact wording - you're literally providing a roadmap for those of us still trying to navigate this frustrating system!