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One more bit of advice - in your appeal hearing, if the employer mentions "restructuring" as the reason for separation, that's actually very helpful for your case. Restructuring is considered a lack of work situation, which is a qualifying reason for unemployment benefits. Make sure to point out the contradiction between what they told you (restructuring) and what they told NYSDOL (voluntary quit). This kind of inconsistency often sways appeal decisions in the claimant's favor.
Thank you so much, everyone. I feel much more prepared for my hearing now. I'll update this thread after my appeal to let you know how it goes.
I'm dealing with something similar right now - my employer is claiming I was a "no call no show" when I was actually sick and called in. It's so frustrating how they can just lie like that! From reading everyone's advice here, it sounds like the key is having any kind of documentation. Do you have anything in writing about the "restructuring" they mentioned? Even an email about the meeting or anything referencing company changes could help show it wasn't your choice to leave. Also, if any of your coworkers were also let go around the same time due to this "restructuring," that would be really strong evidence that it was a layoff situation, not you quitting. Good luck with your hearing!
one thing to remember is you still need to keep doing your job search activities even during the refiling process. dont skip your weekly certifications either
Just went through this same situation about 3 weeks ago! The key thing is to file your new claim as soon as your benefit year ends - don't wait. I made the mistake of waiting a few days thinking I needed some kind of official notice, but you can file immediately. The whole process took me about 30 minutes online. One tip: have your bank account info ready because they'll ask if you want direct deposit set up again. Also, if you've been keeping track of your job search activities, make sure you have those records handy because they might ask about what you've been doing to look for work. The waiting period for the new claim was only about a week for me, much faster than my original claim last year.
ugh the whole system is so confusing!! i wish they would just tell you upfront what you qualify for instead of making you guess
The base period is actually really important to understand - it's the first four of the last five completed calendar quarters before you file your claim. So if you file in 2025, they'd look at your earnings from early 2024 through late 2024, not just recent weeks. This means your full-time job earnings will definitely be considered if they fall within that timeframe. I'd recommend calling them directly or using their online calculator with your actual quarterly earnings to get the most accurate estimate.
I had the exact same problem a few months ago! What worked for me was going through the my.ny.gov portal and using the "Account Recovery" option instead of just the PIN reset. It walks you through verifying your identity with multiple pieces of information (SSN, DOB, address, etc.) and then lets you create a completely new PIN. It took about 10-15 minutes but was way better than trying to get through on the phone. Just make sure you have all your personal info handy when you start the process.
This is super helpful! I tried the regular PIN reset but didn't see the "Account Recovery" option. Is it in a different section of my.ny.gov or do I need to look for it specifically when I'm on the unemployment login page? I want to make sure I'm looking in the right place before I start the process.
@Yara Abboud When you go to my.ny.gov, look for the Unemployment "Services section" and then click on Login "Issues or" Account "Help -" the Account Recovery option should be there alongside the regular PIN reset. If you can t'find it right away, try looking under Forgot "Login Information which" sometimes has more comprehensive recovery options than just the basic PIN reset. The key is it asks for way more verification info than the simple PIN reset form.
I went through this exact same situation a couple weeks ago! One thing that helped me was making sure I was using the right browser - some people have issues with the my.ny.gov site on certain browsers. I had to switch from Chrome to Firefox to get the reset process to work properly. Also, if you're still getting stuck on security questions, try thinking about what answers you might have used back in October when you first set up the account - sometimes we use slightly different versions of the same answer (like "Main St" vs "Main Street"). Clear your browser cache before trying again too, that seemed to help with some of the technical glitches I was having.
@Michael Green I had issues with Safari too! The NYS DOL site definitely seems to work better on Firefox or Edge. Safari sometimes has problems with the form submissions and security verification steps. I d'recommend trying Firefox first since that s'what worked for me. Also, when you re'trying to remember your security question answers, think about whether you might have capitalized things differently - like if the question was about your first pet s'name, you might have put fluffy "vs" Fluffy "vs" FLUFFY "."The system can be picky about exact matches including capitalization and spacing.
@Michael Green Safari can definitely be problematic with government sites! I ve'found that Internet Explorer if (you still have it or) Edge actually work better for NYS DOL than Safari. The site seems to be optimized for Microsoft browsers for some reason. Also, try disabling any ad blockers or privacy extensions temporarily - sometimes they interfere with the authentication process. For the security questions, another tip is to try all lowercase answers even if you normally capitalize things. The system can be really picky about exact formatting matches.
Chloe Robinson
similar thing happened to my cousin except it was a construction company that was paying everyone under the table. took months to sort out because there was literally no paper trail of employment
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Jenna Sloan
I went through something similar with a small tech startup that folded suddenly. The key is to document EVERYTHING - not just pay stubs, but also your offer letter, any email confirmations about your salary, direct deposit records from your bank, and even text messages about work schedules if you have them. NYS Department of Labor investigators are actually pretty thorough once they open a case against an employer who didn't pay UI taxes. They'll cross-reference your documentation with any records the employer did file (like quarterly tax reports) to build your wage history. The process can take a while, but they do backdate your benefits to when you first filed, so you won't lose out on money you're entitled to.
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