New York Unemployment

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I'm going through the exact same thing right now! Filed 3 weeks ago and still pending. What's really frustrating is that I can see my former employer hasn't responded to their request yet when I check the "employer contacts" section of my account. NYS Department of Labor told me (when I finally got through on the phone after 2+ hours of calling) that they send employers 10 business days to respond, and if they don't hear back they make a decision based on the info they have. Hang in there - from what I've read here it sounds like most people eventually get approved even with these delays!

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That's really helpful to know about the employer response timeline! I didn't realize you could check if your employer had responded in the "employer contacts" section - I'll look for that in my account. It makes me feel a bit better knowing that they'll still make a decision even if the employer doesn't respond within 10 business days. The waiting game is definitely stressful but it sounds like most people here eventually got their claims approved. Thanks for sharing your experience!

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I'm in a similar situation - filed 10 days ago and still showing pending. This thread is really helpful to read through all your experiences! It's reassuring to know that 2-4 weeks seems to be the normal timeframe and that most people eventually get approved. I've been panicking thinking something was wrong with my application. Going to keep filing my weekly claims and try to be more patient with the process. Has anyone had luck calling early in the morning to get through to an agent, or is it pretty much always busy regardless of when you call?

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Different claims process at different speeds depending on your employment history and reason for separation. If you were laid off from a straightforward job, approval is usually quick. If you quit, were fired, or had multiple employers, it takes longer for them to verify everything. The important thing is to keep filing your weekly claims and respond promptly to any requests for additional information.

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That makes sense. I was laid off due to company downsizing so hopefully mine should be straightforward.

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I went through this same situation a few months ago and the waiting is definitely nerve-wracking! One thing that helped me was setting up direct deposit if you haven't already - once you're approved, payments come faster that way than waiting for debit cards or checks. Also, make sure you're checking both your my.ny.gov messages AND your physical mail regularly. Sometimes the approval letter shows up in one place before the other. In my case, I saw the approval in my online account a day before the letter arrived. Hang in there - 10 days is still within the normal timeframe, especially if you were laid off for straightforward reasons.

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Great advice about direct deposit! I hadn't thought about that. Did you have to wait for approval before setting it up, or could you do it right away after filing your initial claim? I'm worried about missing any steps that might delay my first payment once I do get approved.

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oh and don't forget you'll need to do the weekly claims every week once you're approved. job search requirements are still the same whether you were contract or permanent employee

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Thanks everyone for the helpful info! I'm definitely going to apply since I did get W-2s from all my contract positions. One thing I'm wondering about - do I need to report that the company said they "might" have more work in a few months when I file? I don't want to mess anything up by not being completely transparent, but it's also pretty vague and uncertain. Also, has anyone had experience with how they handle gaps between contracts? I had about 3 weeks between my last two contracts where I was actively looking for work.

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Hey Steven! Great question about reporting the "might have more work" situation. I'd definitely mention it when you file - transparency is always better with unemployment claims. Since it's just a vague possibility with no firm dates or commitment, it shouldn't disqualify you from benefits. You're clearly available for work and actively seeking employment. As for gaps between contracts, those actually work in your favor for unemployment - it shows you were unemployed and looking for work during those periods, which supports your claim. The DOL understands that contract work often has natural gaps. Just document your job search activities during those 3 weeks in case they ask!

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I've been in a very similar position and want to share what I learned from my experience. The NYS DOL does contact employers, but the process is much more standardized than you might fear. They send Form IA 12.3 which asks specific questions about your separation - it's not an open forum for your boss to vent or make unsubstantiated claims. If they want to contest your claim, they need actual documentation like write-ups, attendance records, or performance reviews. Here's what really helped me: I treated filing like building a case from day one. I gathered every piece of documentation I could find - final paystub, any termination paperwork, emails I had saved, even screenshots of my schedule or work assignments. I also wrote down everything I could remember about my last few weeks of employment while it was still fresh. The investigators at NYS DOL see dishonest employers all the time, so they're good at spotting inconsistencies. If your boss tries to claim you were fired for cause but can't provide proper documentation, it actually hurts their credibility. Don't let anxiety about their potential lies keep you from accessing benefits you've earned through your payroll contributions. The system has protections in place for exactly this type of situation.

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@NeonNova This is incredibly helpful! I love how you framed it as "building a case from day one" - that mindset shift makes me feel more empowered rather than just worried about what my employer might do. The detail about Form IA 12.3 being standardized questions rather than an open forum is exactly what I needed to hear. I've been imagining my former boss getting some kind of blank canvas to paint me however they want, but knowing it's structured questions that require documentation changes everything. I'm definitely going to start gathering my evidence this week and file soon. It's reassuring to know that if they can't back up their claims with proper paperwork, it actually makes them look bad rather than me. Thank you for sharing your experience - it's given me the confidence boost I needed!

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I just wanted to add that timing can be really important here. The sooner you file, the sooner the process starts, and you can't get retroactive benefits for weeks before you actually submit your claim. I delayed filing for almost a month because I was worried about the same thing - what my employer would say and whether they'd try to block my claim. That ended up costing me about $1,200 in benefits I could have received during that time. What I wish I had known earlier is that even if your employer contests the claim, you often still receive benefits during the appeal process (called "pending appeal benefits"). So the worst case scenario isn't that you get nothing while fighting - it's that you might have to pay some back if the final decision goes against you, which honestly is pretty rare if you were legitimately laid off or fired without cause. My employer did respond to the NYS DOL form and claimed I was terminated for "performance issues" but they couldn't provide any documentation of progressive discipline, performance improvement plans, or written warnings. The adjudicator saw right through it and approved my claim within two weeks. Don't let fear of your employer's potential dishonesty rob you of benefits you've earned and deserve!

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@Sean Doyle This is such an important point about timing that I wish more people understood! I m'kicking myself because I ve'already been hesitating for about two weeks, and reading your comment about losing $1,200 in benefits really drives home what delaying actually costs. The part about receiving benefits during the appeal process is huge - I had no idea that was even possible. I was imagining having to wait months without any income if my employer contested, but knowing I might still get payments while things get sorted out makes this feel much less risky. Your experience with the adjudicator seeing through undocumented performance "issues is" exactly what I needed to hear. My situation is similar - they claimed poor performance but never actually put me on any improvement plan or gave me written warnings. It sounds like the NYS DOL investigators are pretty good at spotting these tactics. I m'definitely filing this week - thank you for the reality check about not letting fear cost me more money!

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honestly the whole system is messed up... you're stuck between a rock and a hard place. if you don't apply for unemployment you have no income, but if you do apply you might get in trouble later when disability reviews your case. it's like they want people to suffer while they wait for help. i've seen people wait 2+ years for disability decisions and what are they supposed to live on in the meantime??

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I feel for anyone in this situation. The waiting periods are just cruel.

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I went through this exact situation about 3 years ago and it was really stressful trying to figure out what to do. What I learned is that technically you can collect unemployment while waiting for disability, but you need to be very careful about how you handle it. The key thing is being honest - when you certify for unemployment benefits, you're saying you're able to work in some capacity, even if it's with limitations. I documented everything carefully and made sure my job search efforts were genuine (looking for positions I could actually do given my health issues). It's definitely a gray area and I was always worried about potential conflicts, but I needed the income while waiting. My disability case took 14 months to resolve, so the unemployment really helped me get by. Just make sure you keep detailed records of everything in case questions come up later.

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Thanks for sharing your experience Oliver! It's really helpful to hear from someone who actually went through this process. 14 months is such a long time to wait - I can't imagine the stress you must have felt. When you say you documented everything carefully, what specific records did you keep? I want to make sure I'm prepared if I decide to go this route. Also, did you ever have any follow-up questions from either agency about the overlap in benefits?

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