


Ask the community...
wait so you can appeal even after they already denied you?? I thought once NYS Department of Labor made a decision that was it. I got denied 2 months ago for 'voluntary quit' even though I was laid off and just gave up trying to fight it. is it too late for me to appeal now?
Unfortunately, you only have 30 days from the date on your determination notice to file an appeal, so if it's been 2 months you've likely missed that window. However, you might want to call NYS Department of Labor anyway to double-check - sometimes they'll accept late appeals if you have a really good reason for the delay (like serious illness or not receiving the notice). It's worth a shot since you were actually laid off and not a voluntary quit. @Freya Collins
Just my 2 cents but the NYS Department of Labor appeals system is a joke. They side with employers 90% of the time no matter what evidence you have. I appealed twice and lost both times even with clear documentation that I was wrongfully terminated. Good luck but don't get your hopes up.
Hey Sean, I just went through this same situation a few months ago! The key thing is to be very specific about why the misconduct determination is wrong. When you file your appeal (which you can do online through ny.gov), write a detailed statement explaining your side of what happened. Include dates, names of witnesses, and any emails or texts that support your version of events. Also, if your employer didn't follow their own disciplinary policies before firing you, definitely mention that. The hearing is conducted by phone usually, and you'll get a chance to tell your story to an administrative law judge. Don't let the stress get to you - many people successfully overturn these decisions when they have good documentation and present their case clearly.
UPDATE: I finally got through to someone using that Claimyr service! The agent confirmed there was a hold on my account due to the address change. She verified my identity and released the payment. She said it should be in my account within 1-2 business days. Such a relief! She also mentioned this happens pretty frequently with address changes and that I should always call immediately if my payment is even one day late in the future. Thanks everyone for your help!
Glad to hear it's resolved! For future reference (for anyone reading this thread), any change to your account information - address, phone, bank details - can trigger a security hold. It's always best to make these changes early in your certification week to give the system time to process before your payment date.
This thread is super helpful! I'm bookmarking it because I'm planning to move next month and had no idea that changing my address would delay payments. Thanks to everyone who shared their experiences - now I know to call immediately if there's any delay and to make the address change early in my certification week to avoid issues.
Make sure you keep all your WARN pay documentation! NYS Department of Labor will want to see the dates and amounts when they review your claim. Also don't forget you still need to do the job search activities during the WARN period even though you're not getting UI benefits yet.
Just went through this myself when my company closed last month. The key thing to understand is that WARN pay essentially "pushes back" when your unemployment benefits start, but it doesn't affect the total amount you're eligible for. Think of it as the state saying "you're still technically employed during those 60 days even though you're not working." I know it feels unfair, but filing immediately is still the right move because there can be delays in processing, and you want everything ready to go when that WARN period ends. Also, double-check if your employer is paying into the state system during those 60 days - that can affect things too.
Sarah Jones
The agent said they're hoping to have all accounts fixed by the end of next week, but there are thousands affected so they're prioritizing people who call in. She recommended everyone with this issue should call rather than waiting for the automatic fix.
0 coins
Javier Garcia
This whole situation is such a mess! I'm dealing with the exact same issue - my effective days counter went to zero after the maintenance even though I should have 14 weeks left. The most frustrating part is that I can see my claim is still active when I look at the claim summary page, but the certification page won't let me submit anything. I tried the phone certification trick that Elijah mentioned (888-581-5812) and it did work for me too! Even though the website still shows the error, I was able to complete my weekly certification over the phone. Definitely recommend this as a temporary workaround while waiting for them to fix the display issue. Has anyone else noticed if their claim balance amount is also showing incorrectly, or is it just the effective days counter that's glitched?
0 coins