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THE UNEMPLOYMENT RATE DOESN'T MATTER WHEN THE WHOLE SYSTEM IS BROKEN! They'll find any excuse to delay or deny your claim regardless of what the statistics say. I've been waiting 6 weeks for adjudication and they keep giving me the runaround.
Just to add some context to the discussion - New York's unemployment rate has actually been trending downward over the past year. While 4.2% is relatively low compared to national averages, it's worth noting that different regions within NY can vary significantly. NYC metro area often has different rates than upstate regions. The NYS DOL does use these statistics for policy decisions and federal funding, but as others mentioned, your individual benefit calculation is based on your personal work history, not the overall rate. If you're concerned about your benefit amount being too low, double-check that all your employers from your base period were reported correctly in your claim.
That's really helpful info about the regional differences! I didn't realize NYC metro could have different rates than upstate. I'm actually in the Albany area - do you know if there's a way to find unemployment rates broken down by specific regions like that? Also good point about checking that all my employers were reported correctly. I had 3 different jobs during my base period so I want to make sure they're all showing up.
I'm dealing with a similar situation right now and this thread has been incredibly helpful! I was terminated last week for attendance issues - mostly due to my public transportation being unreliable during the winter months and a few family emergencies. Reading everyone's experiences gives me confidence to file my claim even though I'm worried about the misconduct aspect. One question I have - for those who successfully appealed or got approved, how important was it to have witnesses or third-party verification of your circumstances? I have some text messages to family members about the train delays and one email to my supervisor about a family emergency, but I'm wondering if that's enough or if I need more formal documentation. Planning to file this week and start gathering everything I can find!
@StarStrider Third-party verification definitely helps but don't stress if you don't have tons of it! Text messages and that email to your supervisor are actually really good evidence - they show real-time communication about the issues rather than after-the-fact documentation. For transportation delays, you might be able to get records from your transit authority showing service disruptions on the dates you were late. I've seen people successfully use screenshots of transit apps showing delays, photos of delay notices at stations, and even social media posts from the transit authority about service issues. The key is showing a pattern that matches your attendance problems. Even if you only have some documentation, file anyway - the adjudicator will consider the totality of your circumstances. Your situation with public transit issues during winter is very relatable and shows circumstances largely outside your control. Don't let perfect be the enemy of good when it comes to documentation!
I went through this exact situation about 8 months ago - fired for chronic lateness due to a combination of childcare issues and car problems. Here's what I wish I had known from the start: even though it feels hopeless, you absolutely should file your claim immediately. NYS Department of Labor will initially look at it as misconduct, but the adjudication process is where you can really make your case. I gathered everything I could think of - repair receipts, text messages about childcare emergencies, even my bank statements showing daycare payments to prove I had legitimate responsibilities. The adjudicator spent about 20 minutes on the phone with me going through each incident, and I was able to explain the circumstances behind every single tardy arrival. What really helped was creating a timeline matching each attendance issue to the specific problem that caused it. Even though I didn't have formal documentation at work, I could show these were real circumstances, not just excuses. My claim was approved after the appeal. Don't give up before you even try - the system is designed to help people who face genuine hardships, not just punish everyone who gets fired.
@Mason Kaczka Thank you so much for sharing your experience! This gives me a lot of hope. I m'curious about the timeline you mentioned - how long did the whole process take from when you first filed to when your appeal was approved? I m'trying to manage my expectations and budget accordingly since I have no income right now. Also, when you say you created a timeline matching each attendance issue to specific problems, did you present that as a written document during your phone interview with the adjudicator, or did you just reference it while talking? I m'wondering if I should prepare something formal to submit or if it s'more about being able to clearly explain everything verbally during the call.
this whole workers comp system is a JOKE! they make you jump through hoops and then barely give you enough to survive on. meanwhile the insurance companies are making bank off our injuries!
@Amelia Martinez - I know this is a tough situation financially. While you can't collect both benefits simultaneously, you might want to look into other assistance programs that could help bridge the gap. SNAP benefits, local food banks, utility assistance programs, and temporary financial aid from community organizations might be options. Also, check if your workers comp includes vocational rehabilitation services - sometimes they can provide additional support or training while you recover. Don't give up, and make sure you're getting the full workers comp benefits you're entitled to.
@Ethan Taylor This is really helpful advice! I hadn t'thought about looking into other assistance programs. Do you know if there are specific programs in New York that are good for people in my situation? I ve'been so focused on trying to figure out the workers comp/unemployment thing that I didn t'consider other options. The vocational rehab services sound interesting too - I ll'ask my case worker about that.
@Ethan Taylor Great suggestions! For New York specifically, you can apply for SNAP food (stamps online) at mybenefits.ny.gov. For utility help, HEAP Home (Energy Assistance Program can) help with heating bills. 211 is also a great resource - just dial 2-1-1 from any phone and they ll'connect you with local assistance programs. Many counties have emergency rental assistance programs too. @Amelia Martinez don t be'afraid to reach out to these programs - they re there'to help people in exactly your situation.
I'm in a similar situation and just wanted to add - make sure you keep copies of everything when you file your appeal. I learned the hard way that NYS Department of Labor sometimes "loses" paperwork. Also, if you do get a hearing scheduled, don't be intimidated if your former employer shows up with a lawyer or HR rep. The hearing officer is supposed to be neutral and will listen to both sides. Focus on the facts and stay calm. Good luck with your appeal!
I went through the exact same thing last year and won my appeal! The key is to focus on the fact that attendance issues due to medical reasons are NOT misconduct. Make sure you gather all your medical documentation, doctor's notes, and any communication you had with your employer about your medical situation. The appeal hearing is actually pretty straightforward - it's usually done over the phone and the hearing officer will ask both you and your employer questions. Don't let them intimidate you into thinking it's hopeless. NYS Department of Labor has to prove you WILLFULLY violated company policy, and needing medical care isn't willful misconduct. File that appeal ASAP and don't give up!
KylieRose
Just remember that $504 is the gross amount - they'll take out taxes if you elect to have them withheld. I learned that the hard way when I got a big tax bill the following year because I didn't have taxes taken out of my unemployment benefits.
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QuantumQuasar
•That's really important to know! I definitely want to have taxes withheld - is that something you set up when you first file your claim or can you change it later? I don't want to get hit with a surprise tax bill next year.
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Cole Roush
•You can change your tax withholding election at any time during your claim! When you log into your NY.gov account to do your weekly claim certification, there's an option to update your tax withholding preferences. They'll withhold 10% for federal taxes if you elect it. I'd definitely recommend doing it from the start to avoid that tax surprise.
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Anderson Prospero
I went through this exact situation last year when I got laid off from my finance job making similar money. You'll definitely qualify for the maximum $504/week since your income is well above the threshold. One thing to keep in mind though - the 26 weeks can go by faster than you think, especially in tech where the interview process can take months. I'd recommend applying for jobs immediately even if you think you might get called back, because the job market is pretty competitive right now. Also, make sure you understand the work search requirements from day one - they're pretty strict about the 3 job contacts per week and they do audit people.
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Malik Davis
•This is really helpful advice, thank you! I'm curious about the work search requirements - do they accept applications through job sites like LinkedIn or Indeed as valid job contacts, or do they want you to apply directly through company websites? Also, when you say they audit people, what does that look like? Do they just ask for proof of your applications or is it more involved than that?
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