I actually had my NYS DOL unemployment hearing last month where my employer was a no-show, so I can share what actually happened. The hearing officer started right on time and explained that they would proceed without the employer. They put me under oath over the phone (you just verbally affirm that you'll tell the truth) and then spent about 45 minutes asking very detailed questions about my termination. Even though my employer wasn't there, the judge had their written contest statement and asked me to respond to each specific allegation they had made. They wanted exact dates, times, witnesses present, what was said, etc. I had to walk through company policies, any prior warnings, and my understanding of why I was fired. The judge was professional and neutral - not hostile, but definitely thorough. I got my decision in writing about 10 days later and won my case. My advice: prepare like they're going to show up, bring/have ready any supporting documents, and be completely honest about what happened. The no-show actually worked in my favor because they couldn't present new evidence or challenge my testimony directly.

I can add some perspective as someone who works in HR and has been involved in several unemployment hearings from the employer side. When we don't attend hearings, it's usually because we know our case is weak or we don't have sufficient documentation to prove misconduct. The administrative law judge will absolutely still conduct a thorough hearing with you - they're required to make a decision based on all available evidence, which includes whatever your employer submitted initially. Don't let your guard down though. Even without them present, you need to be prepared to address their allegations point by point with specific examples and dates. The judge may ask follow-up questions that challenge your version of events, not because they don't believe you, but because they need to ensure they have all the facts. Having been on both sides of this process, I'd say your chances improve significantly when the employer is a no-show, but preparation is still key to a successful outcome.

I'm so sorry you had to experience that kind of treatment, Harold. It's absolutely unacceptable for any unemployment agent to speak to you in such a demeaning way, especially when you're already in a vulnerable situation. Reading through all the helpful advice people have shared here, it sounds like you took exactly the right steps by filing that formal complaint with the Advocate Office. I wanted to add that if you're still feeling shaken up from this experience, don't feel like you have to rush into any follow-up calls about your claim right away. Take the time you need to recover from this emotionally. When you do need to call back for claim-related issues, you can always start the conversation by saying something like "I'd like to make sure we have a productive conversation today" - this sometimes helps set a more professional tone from the beginning. Also, keep in mind that the recording of your original call will be key evidence in your complaint. The fact that they have that recording means there's no question about what actually happened - it's not just your word against the agent's. You showed real strength by standing up for yourself and following through with reporting this behavior. Hopefully your case will help prevent other people from having to go through the same awful experience.

I'm so sorry you went through this Harold, but I'm really proud of you for following through with filing that complaint! As someone who works in state government (different agency), I can tell you that recorded calls are taken very seriously when complaints are filed, especially when there are specific details like you provided. One thing I wanted to add that might be helpful for you or others - if you ever need to call back about your claim and you're feeling anxious about potentially getting another difficult agent, you can ask right at the beginning of the call to have the interaction documented as "sensitive" due to your previous negative experience. Most agencies have protocols for handling cases where someone has had prior issues with staff behavior. Also, don't feel bad about crying or getting emotional during that call. That agent was completely out of line, and your reaction was totally normal for someone being treated so poorly. The fact that you've turned this awful experience into action by filing a complaint shows real resilience. I hope you get a good resolution from your complaint, and please don't let one terrible agent discourage you from pursuing the benefits you're entitled to. Most public employees really do want to help, even if this one didn't represent that at all.

Your supervisor was definitely wrong - Amazon pays unemployment taxes to NYS Department of Labor just like every other employer in New York. I went through this exact situation 8 months ago when I got terminated from the Amazon facility in Albany. Filed my claim online and received my first payment about 3 weeks later. The key is to apply immediately since there's a waiting week, and make sure you select "discharged/terminated" as your separation reason rather than "quit." Keep all your pay stubs and any termination paperwork handy in case NYS DOL needs documentation during their review process. Don't let them discourage you from claiming benefits you've rightfully earned through your work!

Amazon absolutely pays unemployment taxes to NYS Department of Labor - there's no way around it for any employer in New York. I think your supervisor was either misinformed or trying to discourage you from filing. I worked at an Amazon warehouse upstate for about a year before getting let go, and I received my unemployment benefits without any major issues. The process took about 2-3 weeks for my first payment after filing online at my.ny.gov. Just make sure you file as soon as possible since there's a waiting period, and have all your employment documentation ready including start/end dates and reason for termination. Even if they try to contest it during adjudication, you have the right to appeal. Don't let them intimidate you out of benefits you've earned!

You should report your "active hours" when certifying for UI benefits while working for Uber or DoorDash. Active hours are the time you're actually performing paid work (actively delivering food or transporting passengers), not just the time you have the app open waiting for orders/rides. The distinction is important because NYSDOL wants to know how many hours you're actually working and earning money. If you reported all dash/online hours (including time just waiting), you'd be overstating your work hours, which could unnecessarily reduce your benefits. When certifying, calculate and report: - Hours actively completing deliveries/rides - All earnings from these gigs (before expenses) Keep detailed records of your active work time and earnings each day. The NYSDOL may request documentation if there are questions about your certifications. The Uber/DoorDash apps typically provide reports showing your active time versus total online time, which can help you accurately report your hours.

Just to add to Aisha's excellent response - make sure you're also keeping track of your mileage and any business expenses related to your gig work. While you report your gross earnings to NYSDOL, you can deduct legitimate business expenses on your taxes later. Also, if you're working multiple gig apps simultaneously (like having both Uber and DoorDash running), be careful not to double-count overlapping active hours. Only count the time you're actually completing deliveries or rides, not the time you have multiple apps open waiting for requests. The key is being consistent and accurate with your reporting. NYSDOL audits are random but thorough, so having good records from day one will save you headaches later if you're selected for review.

I'm in a similar situation - been collecting for about 16 weeks now and getting anxious about the time limit. What I found helpful was logging into my NY.gov account and looking at the "Payment History" section. It actually shows you how many weeks you've claimed so far, which helps you do the math on how many you have left. Also, I started keeping a spreadsheet tracking my weekly claims just so I have a clear picture of where I stand. The job market is definitely tough right now, but at least knowing exactly where you are in the 26-week timeline helps with planning. Has anyone had luck with temp agencies or contract work to bridge the gap while still looking for permanent positions?

Yes, you can work part-time or do temp work while collecting unemployment in NY and still receive partial benefits! The key is reporting all your earnings when you file your weekly claim. NYS uses a formula where they subtract a portion of your earnings from your weekly benefit amount. As long as you earn less than your weekly benefit rate plus $50, you'll still get some unemployment benefits. Just make sure to report every penny you earn - even one day of temp work - or you could face penalties. I did some freelance work during my claim period and it actually helped stretch my benefits longer since I was getting partial payments instead of using up full weeks. The important thing is to keep looking for permanent full-time work and document those job search activities too.