performance issues vs misconduct is a big difference though. if someone's just not good at their job that's not their fault really, they should get unemployment. if they're stealing or showing up drunk that's different

As someone who went through this recently, I can confirm what others are saying - you don't pay unemployment benefits directly to the employee. The NYS Department of Labor handles all payments from the trust fund that employers like you contribute to through payroll taxes. For performance issues (not misconduct), the employee will likely qualify for benefits, but this doesn't mean extra costs upfront for you. Your future UI tax rate could be affected if you have multiple claims, but that's calculated annually based on your overall claims history. Document everything well for your records, but performance terminations rarely disqualify someone from receiving benefits in NY.

I'm going through the exact same thing right now! It's so frustrating - been trying to get my waiting week credit for over 2 weeks and the system won't let me certify until I get it approved. I've tried calling every morning starting at 7:55am and throughout the day but just get that automated message saying to call back later. From reading all these responses, it sounds like contacting your state assembly member or senator might be the most reliable solution. Several people mentioned getting results within a few days that way, which is way better than the weeks of phone tag we're dealing with. I'm also seriously considering trying that Claimyr service that keeps getting mentioned. I hate that we have to pay a third party just to access benefits we're entitled to, but at this point I'm running out of options and patience. My savings are almost gone too. Thanks for posting this - at least now I know I'm not the only one dealing with this nightmare! The NY unemployment system really needs to be fixed. It shouldn't be this hard to get help when you're already struggling financially.

I'm going through the exact same nightmare with the waiting week credit! Been calling for over 2 weeks now and can't get through to a single human being. The system won't let me certify online either - just keeps giving me that error about needing to request waiting week credit first. After reading through all these comments, I'm definitely going to try calling my assembly member tomorrow. So many people have had success that way and gotten their issues resolved in just a few days. That sounds way better than this endless phone tag with the unemployment office. I'm also bookmarking that Claimyr service as a backup plan. I hate that we might have to pay a third party just to access benefits we're legally entitled to, but honestly at this point I'm willing to try anything. My rent is due soon too and I can't keep burning through my savings like this. Thanks for posting this thread - it's oddly comforting to know I'm not the only one dealing with this broken system. The fact that so many of us are having the exact same problem shows how messed up NY unemployment really is right now. Hang in there everyone!

I'm dealing with this same issue right now and this thread has been incredibly helpful! I've been searching everywhere for my claim number and getting really frustrated with the NYS DOL system. Based on everyone's suggestions here, I'm going to try the automated phone line at 1-888-209-8124 first since that seems like the quickest solution. If that doesn't work, I'll check the "View Benefit Payment History" section that several people mentioned. It's such a relief to know I can still file my weekly claim using just my SSN and PIN as a backup option. Thanks to everyone who shared their experiences - it's crazy that we need an entire community discussion just to figure out how to find basic information in the system, but I'm so glad this resource exists!

I just went through this exact same thing last week and it was so stressful! After reading through all these helpful suggestions, I wanted to add one more tip that worked for me. If you're still having trouble after trying the automated phone line and checking the "View Benefit Payment History" section, try clearing your browser cache and cookies before logging into my.ny.gov again. Sometimes the system gets glitchy and a fresh login session can make information appear that wasn't showing before. I also discovered that if you have any correspondence from NYS DOL in your my.ny.gov inbox (even if it's just application confirmations), your claim number is sometimes embedded in those messages even if it's not obvious. Don't give up - there are definitely multiple ways to find it, and worst case you can always file your weekly claims with just your SSN like others mentioned!

I'm dealing with a similar situation right now and wanted to share what I've learned from talking to a legal aid attorney. First, "good cause" for missing the appeal deadline can include being overwhelmed or not understanding the process - it doesn't have to be just medical issues. Stress and confusion about the system actually do count. Second, text messages from coworkers absolutely can help your case, especially if they witnessed the hostile work environment or can confirm you were pushed out. Even informal documentation is better than nothing. The key is showing a pattern of behavior that made your working conditions intolerable. I'd also suggest looking into whether your area has a legal aid office that helps with unemployment appeals - many offer free consultations and can walk you through the process. Don't lose hope - I've seen people successfully overturn denials even months later when they had good evidence of constructive dismissal.

I was in a very similar situation last year and want to give you some hope! I was also denied initially because they classified my leaving as "voluntary" even though I was being harassed by my manager and had my hours cut drastically. I missed the 30-day appeal deadline because I was so demoralized and didn't think I had a chance. But about 10 weeks later, I found out I could still file a late appeal by showing "good cause" for missing the deadline. I gathered what documentation I could (even just notes I had written to myself about incidents), got a statement from a former coworker, and explained in my appeal letter how the stress and lack of understanding of the process caused me to miss the deadline. It took a few months, but they eventually overturned the denial and I got my benefits backdated. Don't give up - the process is designed to be intimidating, but you have more rights than they make it seem. Start documenting everything you can remember now, even if it seems minor.

I've been reading through this entire thread as someone who just scheduled my unemployment appeal hearing for next week, and I'm honestly blown away by how supportive and informative this community is! Like many others here, I was terminated for alleged "performance issues" that mysteriously appeared right after I filed a complaint with OSHA about unsafe scaffolding practices at my construction job. What's giving me the most confidence after reading everyone's experiences is realizing that the employer has to prove misconduct, not just dissatisfaction with work quality. I've been beating myself up thinking I had to prove I was a perfect employee, but seeing how others successfully challenged the timing and documentation really shifted my perspective. I'm definitely going to implement several strategies mentioned here: creating that chronological timeline (safety complaint on February 8th, first "performance concern" mentioned February 15th - pretty suspicious timing!), requesting my complete personnel file, and practicing my testimony out loud with my partner. The tip about asking when their documentation was actually created is brilliant - I suspect they scrambled to build a paper trail after deciding to terminate me. One question for those who've been through this - did any of you feel like the judge seemed skeptical of the employer's claims during the hearing? I'm hoping that administrative law judges have seen enough retaliation cases to recognize the patterns we've all been describing here. Thanks again to everyone sharing their experiences - it's made this whole process feel so much less intimidating!

I'm scheduled for my unemployment appeal hearing in three weeks and this thread has been an absolute goldmine of practical advice! Like so many others here, I was terminated for "performance issues" that conveniently emerged right after I reported workplace safety violations to my supervisor about blocked emergency exits and broken fire extinguishers. Reading through everyone's experiences has really helped me understand that I'm not alone in this pattern of retaliation. The timeline approach everyone keeps mentioning is exactly what I needed to hear - when I lay out the dates, it's crystal clear: three years of good performance reviews, safety complaint filed October 12th, first "performance discussion" October 19th, terminated November 2nd. The pattern is so obvious it's almost insulting. I'm planning to follow the comprehensive game plan that's emerged from all your shared wisdom: requesting my complete personnel file immediately, creating that chronological timeline chart, practicing my testimony out loud, researching whether they followed their own disciplinary policies, and organizing all my safety complaint documentation by date. The tip about asking when their documentation was actually created versus when the alleged issues occurred is brilliant - I suspect they scrambled to build a case after the fact. The most reassuring thing I've learned here is that having documentation of safety complaints puts me in a much stronger position than I initially realized. Thank you to this amazing community for turning what felt like an impossible battle into a manageable process with clear steps and realistic hope for success!