Keep filing your weekly claims even if your employer contests! A lot of people stop filing thinking they have to wait for the decision but you'll lose those weeks if you don't certify. You can always pay back overpayments later if needed but you can't go back and claim weeks you missed.

Just wanted to add that if your employer does contest the claim, don't panic! I went through adjudication last year and it took about 3-4 weeks to get a determination. The fact that you have documentation about the safety issues you reported could actually work in your favor - retaliation for reporting workplace safety violations is illegal and can strengthen your case. NYS Department of Labor adjudicators do consider the circumstances around terminations. Keep detailed records of everything and stay on top of your weekly certifications like Santiago mentioned. The process is stressful but manageable if you stay organized.

One thing to watch out for - if you quit your job instead of being laid off, you probably won't qualify. They're pretty strict about that. But since you said you were laid off due to slow business, that should be fine. Also make sure you have your employer's info handy when you apply because they'll need details about your last job.

@QuantumQueen Based on what you've described, you should definitely qualify! Working 8 months at the restaurant and being laid off (not fired for cause) checks the main boxes. The wage requirements that Aisha mentioned are pretty reasonable - if you made around $15k total, you're likely well above the minimums. I'd recommend applying sooner rather than later because there can sometimes be delays in processing, and your benefit period starts from when you first file, not when you get approved. Also, don't stress too much about the job search requirements right away - you'll get more info about that once your claim is processed. Good luck!

BEWARE OF THE CAREER CENTER OPTION! I went there for the same thing in January and they told me they couldn't help with records before 2022!!! Wasted half a day for nothing. Rules might be different in different offices but don't get your hopes up. The system is DESIGNED to make things difficult.

Update: I was able to get my 2019 denial letter! For anyone who might need this in the future, I ended up using Claimyr to get through to an agent (took about 15 mins instead of hours of waiting). The agent was able to see my 2019 claim in their system and emailed me the determination letter within a few hours. My mortgage broker accepted it and we're moving forward. Thanks everyone for your help!

yeah this stuff is so confusing!! why can't they make the rules clearer? seems like you're stuck between a rock and a hard place when you're injured

I went through this exact situation about 8 months ago after a workplace injury. The key thing I learned is that you need to be very honest about your work restrictions when filing for UI. I was cleared for sedentary work but couldn't do my regular job, so I was able to qualify for unemployment while my workers comp case was pending. However, you have to actively search for work you CAN do within your restrictions and report that in your weekly certifications. I'd strongly recommend calling the Department of Labor before filing anything - yes the wait times are terrible, but getting it wrong can create a huge mess later. Also document everything your doctor says about what work you can and can't do.

The whole system is set up to deny people benefits honestly. They'll find any excuse to say you're not eligible. Being injured just gives them another reason to reject your claim.

I'm dealing with a similar situation right now - hurt my back at my retail job and was told I can do light duty work but my employer couldn't accommodate it so they terminated me. I called the NYS Department of Labor and they told me that as long as you can perform SOME type of work (even if it's different from your previous job), you can potentially qualify for UI benefits. The tricky part is you have to actively search for work that fits your medical restrictions and document those job search efforts. They also said to make sure your doctor's note is very specific about what you CAN do, not just what you can't do. Hope this helps!