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I'm really glad to see so many people offering helpful advice here! As someone who works in employment law, I wanted to add that the "restructuring" statement your employer made is actually one of the strongest pieces of evidence you could have. Restructuring, downsizing, layoffs - these are all employer-initiated separations that automatically qualify for unemployment benefits. The fact that they used this term with you but then told NYSDOL you quit voluntarily is not just contradictory, it's potentially fraudulent. During your hearing, make sure to emphasize these exact words: "My employer told me I was being terminated due to restructuring, but then falsely reported to the Department of Labor that I quit voluntarily." This simple statement highlights the contradiction perfectly. Also, don't worry about not having a termination letter - most at-will employers don't provide them. Your testimony about what was said during the termination meeting, combined with the employer's contradictory statements, should be more than enough evidence. One practical tip: if you're still struggling to reach NYSDOL by phone for any reason, try calling right when they open (8 AM) or during lunch hours (12-1 PM) when call volume is sometimes lower. Good luck with your appeal - you have a very strong case!

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This is exactly what I needed to hear from someone with legal expertise! I've been writing down everything I can remember from that termination meeting, and you're right - they definitely used the word "restructuring" multiple times. I even remember my supervisor saying something like "this is just part of the company-wide restructuring we're doing." Having that exact quote you suggested will really help me stay focused during the hearing. I tried calling NYSDOL again this morning right at 8 AM and actually got through after only 20 minutes on hold - much better than my previous attempts! The representative confirmed my hearing is scheduled for next week and gave me some additional guidance on what to expect. Thank you so much for the professional perspective - it's reassuring to know that employment law experts think I have a strong case!

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I've been reading through this entire thread and it's given me so much hope! I'm actually in a very similar situation right now - my employer terminated me in September claiming "budget constraints" but then told unemployment I quit voluntarily. It's unbelievable how common this seems to be! Kevin, your situation with the "restructuring" explanation is actually really strong evidence. The fact that multiple people have pointed out how that directly contradicts a voluntary quit claim should give you a lot of confidence going into your hearing. I wanted to share something that might help others too - I found out that in NY, you can request a "fact-finding interview" before your formal hearing if you haven't already had one. Sometimes these interviews can resolve the issue without needing to go through the full appeal process. It might be worth asking about when you talk to NYSDOL. Also, for anyone else reading this who might be in a similar boat - document EVERYTHING immediately after you're terminated. I wish I had written down the exact conversation I had with my manager that day, but I was so shocked I didn't think to do it right away. Now I'm scrambling to remember the details weeks later. Thanks to everyone who shared their experiences and advice in this thread. This community is incredibly valuable for navigating these frustrating situations!

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@Zainab Abdulrahman I was in a very similar situation - laid off after 7 years at a factory making close to what you were earning. You'll definitely qualify for the full 26 weeks with your work history. One thing I wish someone had told me upfront is that your weekly benefit amount will be based on your highest earning quarter during the base period, so it should be a decent amount given your $55K salary. The key is to start your job search strategy immediately - don't wait for your first check to arrive. I made the mistake of taking the first couple weeks to "decompress" and then realized how quickly time flies when you're unemployed. Also, make sure you understand the partial benefits rule - if you pick up any temporary or part-time work that pays less than your weekly benefit amount, you can still collect partial unemployment for those weeks. This can really help stretch your benefits and keep some income coming in during slower job market periods. The 26-week limit is firm in NY right now, so having a solid plan from day one makes all the difference.

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AstroAce

@Sophie Hernandez Thanks for sharing your experience! That s'really reassuring to hear from someone who was in such a similar situation. I definitely won t'make the mistake of taking time to decompress "-" I can see how those weeks would fly by. The partial benefits information is super helpful too. I had no idea you could still collect something while working part-time. That could be a real lifesaver if I find temporary work while searching for something permanent. Your advice about starting the job search strategy immediately really resonates. I m'already feeling anxious about the time pressure, so having a solid plan from day one sounds crucial. Did you end up finding something in manufacturing again, or did you pivot to a different industry during your search?

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@Sophie Hernandez This is such valuable advice! I really appreciate you sharing your experience from such a similar situation. The point about not taking time to decompress "is" a reality check I needed - I was definitely tempted to take a breather, but you re'absolutely right that those 26 weeks will go by faster than I think. The partial benefits rule is something I had no idea about, and that could be a real game-changer if I find temporary work while searching for something permanent. I m'going to start working on my job search strategy today instead of waiting. One quick question - when you were balancing temporary work with your job search, did you find it harder to keep up with the 3 weekly job contact requirement, or did it actually help by expanding your network?

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@Zainab Abdulrahman With your 8 years of experience and $55K salary, you'll definitely qualify for the full 26 weeks. The key thing to remember is that these are the maximum weeks available under normal circumstances - there are no federal extensions currently active in 2025. Your weekly benefit amount will be calculated based on your highest quarter earnings during your base period, so it should be a decent amount. Start your job search immediately and keep detailed records of all contacts since you'll need at least 3 per week. Given the current job market, I'd also recommend looking into any industry certifications or skills training you could do during this time to make yourself more competitive. The manufacturing sector is evolving rapidly, so this might be an opportunity to upskill in areas like automation or quality control. Most importantly, don't panic - 26 weeks gives you a solid window to find the right opportunity, but using that time strategically from day one will make all the difference in your search success.

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@Fatima Al-Farsi This is excellent advice about upskilling during the search period! I hadn t'really thought about using this time to get certifications, but you re'absolutely right that the manufacturing sector is changing so much with automation and new technologies. Do you know if there are any specific programs through NYS Department of Labor that help with funding for certifications while you re'collecting unemployment? I d'love to use these 26 weeks strategically to not just find a job, but potentially move into a better position than what I had before. The idea of getting ahead of the automation curve instead of being displaced by it again is really appealing.

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Congrats on getting your payment so quickly! That's really encouraging to hear. I'm on day 8 of waiting for my first payment after being laid off from my retail job. I also did the ID.me verification right away after reading all the advice here, and I've been certifying weekly even though my claim is still pending. One thing I wanted to add for others - I called the customer service line yesterday (took 45 minutes to get through) and the agent told me that even though my claim shows "pending" online, it's actually moving through the system normally. She said sometimes the online status doesn't update in real-time, so don't panic if it still says pending after a week or two. The agent was able to see more detailed status info on her end. Fingers crossed I get mine soon too! Thanks for updating us with your timeline.

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That's really helpful to know about the online status not updating in real-time! I was getting worried because mine still shows "pending" even though it's been almost two weeks. Might try calling tomorrow if I don't see any movement. Did the agent give you any sense of how much longer you might have to wait, or was it just "it's processing normally"?

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I'm currently on day 16 of waiting for my first payment after being laid off from my marketing job. Did the ID.me verification immediately and have been certifying weekly, but still showing "pending" status online. What I've learned from calling twice is that March applications are taking a bit longer than usual due to a system update they did in early March. The first agent told me 2-3 weeks, the second one (called yesterday) said they're seeing most March claims process around the 18-21 day mark now. One tip that might help others - when you call, ask them to check if your employer has responded to their inquiry yet. In my case, they sent the standard separation verification to my former employer on day 3, but the employer has 10 business days to respond. The agent said once they get that response (assuming no disputes), payments usually go out within 2-3 business days. So it's not just about completing your part of the application - there's a whole back-and-forth with employers that can add time. Just wanted to share this since I didn't realize how much the employer response timing could impact things!

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This is really valuable information about the employer response process! I had no idea that was happening in the background. I'm on day 19 now and still waiting, so knowing that March applications are taking longer helps explain things. Did the agent mention anything about what happens if the employer doesn't respond within those 10 business days? I'm worried my former company might just ignore it since they laid off like 30 people at once and probably have a ton of these requests to deal with.

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You can also check your claim status online through the NY DOL website to see if there are any holds or issues that might be delaying card shipment. Sometimes there are identity verification steps that need to be completed before the card gets sent out. Also, if you need money urgently for rent, you might want to ask family/friends for a short-term loan since even if you get the card tomorrow it can take a day or two to activate it and access funds. Definitely try the KeyBank tracking and calling their unemployment card line - they're usually more helpful than the general DOL phone system.

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That's a great point about checking for identity verification holds! I just logged into my NY DOL account and you're right - there was actually a pending identity verification step I hadn't completed yet. No wonder the card hasn't shipped. Thanks for the tip about asking for a short-term loan too, that's probably my best bet for making rent while I get this sorted out.

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If you're still having trouble after checking all the suggestions above, you might want to consider requesting a replacement card. KeyBank usually allows you to request a replacement if your original card hasn't arrived after 15 business days. There's typically a small fee (around $5-10) but it might be worth it for peace of mind. You can usually do this through their website or by calling their unemployment card line. Also, make sure to update your address with both NYS DOL and KeyBank if you've moved recently - mismatched addresses are a common cause of delivery delays. Hope you get this resolved soon!

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Just wanted to add another option that helped me when I was in the same situation a few weeks ago - try using the NY.gov website's secure messaging feature if you haven't already. While it's not as immediate as phone contact, I submitted a detailed message through my online account explaining my pending claim issue and got a response within 5 business days with specific steps to resolve it. You have to log into your NY.gov account, go to the unemployment section, and look for "Contact Us" or "Send Secure Message." Make sure to include your claim number, Social Security number, and a detailed description of the issue. It's not a quick fix, but it's another avenue that might help while you're still trying the phone strategies everyone else has mentioned. The response I got was actually from a real person who could access my file, not just an automated reply.

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This is such a valuable tip! I had no idea there was a secure messaging option through the NY.gov website. I've been so focused on trying to get through by phone that I completely overlooked this alternative. A 5-day response time sounds amazing compared to the endless phone loops I've been stuck in. I'm going to try this today along with the other strategies mentioned in this thread. It's really encouraging to hear that you got a response from an actual person who could access your file - that gives me hope that there are still real humans working on these cases, even if they're impossible to reach by phone. Thanks for adding another tool to our arsenal for dealing with this bureaucratic nightmare!

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I've been following this thread closely because I'm in the exact same nightmare - claim pending for over 3 weeks with zero success getting through the main line. Reading all these different strategies gives me hope though! I'm going to try a multi-pronged approach: 1) Contact my assemblyperson's office first thing Monday morning, 2) Set up the secure messaging through NY.gov like Rebecca mentioned, and 3) Start tracking my call attempts like Daniel suggested to find the best time windows. Has anyone tried combining the assemblyperson route WITH the specific menu sequence that Javier shared? I'm wondering if having that political office contact might give me a better pathway through the phone system too. This thread has been more helpful than anything I've found elsewhere - thanks everyone for sharing your experiences and actual solutions instead of just complaining!

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Your multi-angle strategy is brilliant and gives me so much hope! I've been dealing with this exact same nightmare for almost 4 weeks now - my claim has been stuck in pending status and I literally cannot get through to a human being no matter what I try. I love how you've taken all the best advice from this thread and created an actual action plan instead of just randomly trying things. I'm definitely going to copy your approach: assemblyperson contact, secure messaging, AND the call tracking method. The idea of combining the political office route with that specific menu sequence from @Javier Torres is really smart too. I m'curious - when you contact the assemblyperson s'office, are you going to mention that you ve'been trying for 3+ weeks, or focus more on the financial hardship aspect? I m'wondering what angle gets their attention most effectively. Either way, this thread has been a lifesaver compared to all the generic advice online. Please keep us updated on how it goes!

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Your systematic approach is exactly what I needed to see! I've been stuck in this unemployment nightmare for 2.5 weeks now and feeling completely defeated. Reading through all these different strategies and seeing you organize them into an actual actionable plan gives me hope that there IS a way through this bureaucratic maze. I'm going to follow your lead and try the assemblyperson contact first - honestly never would have thought of that without this thread. The combination of political office help + detailed call tracking + secure messaging seems like it covers all the bases. One thing I'm wondering - should I wait for a response from one method before trying the others, or hit them all simultaneously? I'm worried about looking desperate if they all contact the unemployment office about the same case, but I'm also desperate to get this resolved before I miss another rent payment. Thanks for pulling together such a comprehensive strategy from everyone's advice!

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