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I went through this exact situation about 2 years ago with NYS DOL and can share what happened in my case. My employer contested my claim alleging I violated company policy, but they ended up being a no-show at the hearing. The administrative law judge proceeded with the hearing as scheduled and spent about 30-40 minutes asking me detailed questions about the incident, my work history, any prior disciplinary actions, and company policies. Even though my employer wasn't there to cross-examine me, the judge was still very thorough and wanted specific details about dates, times, and circumstances. I had prepared documentation including emails and my employee handbook, which helped support my testimony. The judge explained that they would review all available evidence including whatever my employer had submitted initially when they contested the claim. I received the decision about 2 weeks later ruling in my favor. My advice would be to prepare as thoroughly as if your employer will be there - have your timeline of events clear, bring any supporting documents, and be ready to address the specific misconduct allegations they made. The fact that they're not showing up to defend their position often suggests they don't have strong evidence, but don't assume it's an automatic win. Stay focused on presenting your side clearly and honestly.
@a4aa3db500c9 This is really reassuring to hear from someone who went through the same situation! I'm actually going through this right now and my hearing is coming up soon. When you mention that the judge wanted specific details about dates and times, did you write all of that information down beforehand or were you able to recall it during the hearing? I'm worried about forgetting important details when I'm nervous. Also, you mentioned having emails and the employee handbook - did you submit those documents before the hearing or reference them during the phone call? I'm not sure about the logistics of sharing documents during a telephone hearing. It's encouraging to know that you won your case even with all those detailed questions!
I actually work as a paralegal and have observed many NYS DOL unemployment hearings. Here's what typically happens when an employer is a no-show: The administrative law judge will still conduct a full hearing, but they'll rely heavily on your testimony since the employer can't present their side or challenge your statements. However, they will have whatever documentation your employer submitted when they initially contested your claim, so be prepared to address those specific allegations. The judge will ask detailed questions about the incident that led to your termination, any company policies involved, prior warnings or disciplinary actions, and your understanding of what happened. Even without your employer present, you still need to prove that your termination wasn't for misconduct - it's not automatically ruled in your favor. That said, employer no-shows often indicate they don't have strong evidence to support their misconduct claim. Make sure you have a clear timeline of events, any supporting documentation (emails, handbook, witness contact info), and be prepared to answer follow-up questions that might challenge your version of events. The judge needs to make a decision based on credible evidence, so being thorough and honest in your testimony is crucial. Good luck with your hearing!
the my.ny.gov site is such a mess, half the time the links don't even work right. i always have to try logging in like 3 times before it actually lets me see my unemployment stuff. but yeah once you get in its under unemployment services then account info
I've been having issues getting through to anyone at NYS Department of Labor about my claim status. Phone lines are always busy and the online message system never gets responses. Has anyone found a better way to actually talk to someone? I've been trying for weeks to get clarity on why my claim is still in adjudication.
Just wanted to add that you can also download the mobile app for my.ny.gov which sometimes works better than the website. I use it to check my payment dates and do my weekly claims when I'm not at my computer.
Didn't know there was an app! Is it called my.ny.gov or something else?
This is such a frustrating situation but you're definitely not alone in this! I work as a benefits counselor and see cases like yours fairly regularly. NYS Department of Labor absolutely recognizes rescinded job offers as qualifying for unemployment benefits. The important thing to remember is that you meet all the basic eligibility criteria - you're unemployed through no fault of your own, you were ready and able to work, and the employer's decision to withdraw the offer was completely beyond your control. When you file your claim, make sure to be very detailed about the timeline and attach all your documentation (offer letter, acceptance email, background check completion, and the rescission notice). This documentation will actually make your case stronger because it shows you were genuinely employed and acting in good faith throughout the process. Don't worry about not filing initially - that's a completely understandable decision when you thought you had secure employment. File as soon as possible now and you should be able to get your benefits without any major complications!
Thank you so much Sophia! Having a benefits counselor confirm that this situation is more common than I thought is incredibly reassuring. I was feeling like I was in some weird grey area that might not be covered, but you've made it clear that I definitely meet the eligibility criteria. I really appreciate the specific advice about being detailed in the timeline and attaching all the documentation - I have everything saved so I'll make sure to include the offer letter, my acceptance, proof of the background check completion, and their rescission email. It's such a relief to hear from a professional that this documentation will actually strengthen my case rather than complicate it. I was second-guessing myself about not filing initially, but you're right that it made complete sense at the time when I thought I had job security. I'm going to file first thing tomorrow with everything organized. Thank you for taking the time to provide professional insight - it really helps ease my anxiety about this whole process!
I'm so sorry this happened to you - what a terrible way to start what you thought was going to be your first week at a new job! I haven't been through this exact situation myself, but I wanted to reach out because I've been following this thread and everyone's advice seems really solid. It sounds like you have a really strong case for unemployment benefits since you were already unemployed when they pulled the offer and you have all the documentation to back up your story. The fact that so many people here have gone through similar situations and had their claims approved gives me confidence that yours will work out too. I know it's stressful having to go back to job searching when you thought you were done with that, but at least the unemployment benefits will give you some financial breathing room while you get back out there. Definitely file as soon as possible like everyone is saying - you've clearly done your research and you know what documentation to include. Best of luck with your claim and your continued job search!
Thank you so much for the kind words and encouragement! You're absolutely right that it was such a shock to go from thinking I was starting a new chapter to being back in job search mode literally overnight. Reading through everyone's experiences and advice in this thread has been incredibly helpful and reassuring - I honestly didn't expect to get such detailed and supportive responses when I first posted. It's amazing how many people have dealt with similar situations and came out okay on the other side. You're right that I feel much more confident about my case now knowing that the documentation I have will actually help rather than hurt. The financial breathing room from unemployment benefits will definitely be a huge relief while I get back to interviewing and networking. I'm planning to file first thing in the morning with all my paperwork organized. This community has been such a lifesaver during what could have been a really isolating and stressful situation!
I'm dealing with the exact same issue right now! Filed 4 weeks ago, approved, but no card. Called every day this week and can't get through. The frustration is real. I saw someone mention contacting your state rep - definitely going to try that. Also going to look into that claimyr service people are talking about. We shouldn't have to jump through this many hoops just to get what we're entitled to. Hang in there, hopefully we both get our cards soon! 🤞
Ugh yes, solidarity! 😫 It's so maddening that we have to become detectives just to get our own benefits. I'm definitely going to try the state rep route too - seems like multiple people have had success with that. Let me know if the claimyr thing works out for you! We've got this 💪
Same here! I've been approved for almost a month now and still nothing. The worst part is not knowing if it's lost in the mail, sent to the wrong address, or just never sent at all. I'm going to try calling that KeyBank number someone mentioned earlier and see if they can at least tell me if a card was issued to my name. This whole system is such a nightmare when you're already stressed about money 😤
I'm going through the exact same nightmare! Applied 3.5 weeks ago, got approved, but still no debit card. I've called probably 50+ times and either get disconnected or stuck in phone tree purgatory. What's really frustrating is that my online account shows payments have been "issued" but obviously I can't access them without the card. I'm going to try some of the suggestions here - especially contacting my assembly member and that claimyr service. It's ridiculous that we have to become professional phone warriors just to get basic unemployment benefits. Thanks everyone for sharing your experiences, at least I know I'm not alone in this mess! 🙃
Miguel Herrera
The whole ny unemployment system is DESIGNED to be user-unfriendly. They make it so hard to reach humans that people just give up and don't collect benefits they're entitled to. It's infuriating but true.
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Connor Byrne
I feel your pain! Made a similar mistake last year where I accidentally said I was available for part-time work only instead of full-time. Here's what finally worked for me: I called the main number (800-833-3000) at exactly 8:00am on a Tuesday and got through after about 90 minutes on hold. The key was calling RIGHT when they opened and being super persistent. Also, keep detailed notes of every call attempt - date, time, how long you waited, what happened. If you still can't get through after a week, contact your local state assembly member's office. They have staff specifically for helping with unemployment issues and can escalate your case. Don't panic about fraud accusations - they know their phone system causes these mistakes and as long as you're actively trying to fix it, you should be fine. Keep certifying your weekly benefits correctly while you work on fixing this!
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Lauren Wood
•This is really solid advice! I'm definitely going to try calling right at 8am tomorrow. The part about contacting the assembly member's office is something I hadn't thought of - do you happen to know how to find out who represents your district? And thanks for the reassurance about the fraud thing, that was really stressing me out.
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