Makes sense now why some companies try so hard to avoid layoffs. It literally costs them more money in unemployment taxes down the road if they have to let people go frequently.

Just to clarify for Dylan - you were absolutely right to file your claim! As others mentioned, employers pay unemployment insurance taxes specifically for situations like this. It's built into the cost of doing business, and legitimate layoffs due to lack of work are exactly what the system is designed for. Your employer in Rochester shouldn't have any reason to contest a straightforward layoff, and even if they did, the NYS DOL investigates thoroughly. Don't let worry about your former employer stop you from claiming benefits you've earned through your work history.

The whole appeals process is just another way for them to delay paying out benefits. I went through it twice and lost both times even though I had evidence. NYS Department of Labor hearing officers seem to side with employers most of the time.

I work as a paralegal and have helped several people with unemployment appeals in NY. The success rate really varies by case type, but I'd estimate around 35-40% get overturned or modified. For misconduct cases specifically, you'll want to focus on proving that your actions didn't rise to the level of willful misconduct that would disqualify you from benefits. Those emails you mentioned showing targeting could be really valuable evidence. The appeals process usually takes 4-8 weeks, and you can represent yourself or bring someone to help. Even if the odds aren't perfect, if you believe you have a valid case it's definitely worth pursuing - the worst that happens is you're in the same position you're in now.

Just went through this exact situation last month! My employer had 10 business days to respond to the initial claim, but they can actually dispute it much later too. What really matters is that you have that severance paperwork stating it was due to restructuring - that's golden. I'd recommend setting up text alerts through the NYS DOL website so you get notified immediately if there are any changes to your claim status. That way if they do try to dispute it later, you'll know right away and can respond quickly. Since it was a legitimate layoff with documentation, you're in a much better position than someone who got fired for cause.

The timing can definitely be stressful to navigate! In addition to what others have mentioned about the multiple dispute windows, I'd suggest documenting everything from your end too. Keep records of your job search activities, any communications with your former employer, and screenshots of your unemployment claim status. If your employer does try to dispute later, having a clear timeline of events will help your case. Also, since you mentioned getting severance - make sure you're reporting that correctly on your weekly certifications as it could affect your benefit timing. The fact that they gave you severance actually supports that it was a legitimate layoff rather than a termination for cause.

dont overthink it just file and be honest about everything. the worst that happens is they tell u to wait a week or two

I went through this same situation a few months ago. The important thing to remember is that vacation pay is allocated to specific time periods - usually the weeks immediately following your last day of work. So if you got laid off on a Friday and have 2 weeks of vacation pay coming, that pay typically covers the next two weeks. During those weeks, you might not be eligible for unemployment benefits (depending on the amount), but after that period ends, your regular benefits should kick in. Definitely file your initial claim right away though - there's usually a waiting period anyway, and you don't want to delay the process. Just be upfront about the vacation pay situation when you do your weekly certifications.

I'm new to this community but unfortunately not new to NY unemployment problems. Just wanted to say thank you to everyone sharing their experiences and strategies here - this thread is incredibly valuable for those of us stuck in this broken system. I've been dealing with my own unemployment nightmare for 2 months now (not quite as long as some of you, but long enough to understand the frustration). Reading through all these suggestions has given me a clear action plan: 1. Try the 8:01am calling strategy with a landline 2. Contact my state representative's office 3. File a complaint with the DOL Advocate Office 4. Keep detailed documentation of everything What really struck me is how many different approaches people have had to try before something worked. It's clear there's no single solution - you really do need to attack this from multiple angles simultaneously. To the original poster - 4 months is absolutely unacceptable, but don't lose hope. Based on what I'm reading here, your persistence WILL pay off eventually. The fact that you have months of documented call attempts is actually valuable evidence when you finally get through. Thanks again to everyone sharing their hard-won knowledge. Hoping we all get resolution soon!

I'm going through the exact same nightmare! Been locked out of ID.me since February and that 8124 line is absolutely impossible. Reading through everyone's strategies here is both encouraging and heartbreaking - it's crazy that we all have to become experts in gaming a broken system just to get our own benefits. I'm going to try combining several approaches this week: the 8:01am calling trick with my mom's old landline, contacting my assembly person's office, and filing that DOL Advocate complaint. The fact that so many people eventually got through gives me hope, even though 4+ months is completely unacceptable. One thing I wanted to add - I've been keeping screenshots of the busy message screen each time I call, in addition to phone logs. Figured visual documentation might help when I finally get through to prove I've been trying consistently. Thank you all for sharing your experiences and strategies. It helps to know we're not alone in this frustrating battle, even though none of us should have to go through it in the first place!