Your sister should definitely apply - don't let her assume she's not eligible just because she quit. I work in HR and see this situation a lot. NYS Department of Labor specifically recognizes hostile work environment as good cause for quitting under Section 593 of the labor law. The key things she should gather before filing: any texts or emails showing the hostile behavior, names of coworkers who witnessed incidents, documentation of any complaints she made (even informal ones), and a detailed timeline of events. She should file as soon as possible since there's usually a waiting period anyway. Even if the initial decision takes time, she won't get benefits for weeks she doesn't claim. The worst they can say is no, but she might be surprised and get approved.

I went through something similar with NYS Department of Labor last year. One thing that really helped my case was writing down everything I could remember about the hostile incidents - even small details like dates, times, and exactly what was said. I also reached out to former coworkers who witnessed some of the behavior and asked if they'd be willing to provide statements if needed. The adjudicator told me later that having multiple sources backing up my story made a big difference. Your sister should also keep records of her job search efforts since she'll need to show she's actively looking for work. The whole process was stressful but definitely worth it - I ended up getting approved after the initial review. Tell her not to get discouraged if it takes a while to hear back!

I'm in a similar situation right now - my hearing is next Thursday and I'm terrified! My employer is claiming I was fired for poor performance but I have emails showing they were actually eliminating my position due to budget constraints. Reading everyone's experiences here is giving me so much hope. Quick question though - should I mention that I have witnesses who can verify the layoffs were company-wide, or should I just focus on my own documentation? I don't want to overcomplicate things but I want to make sure I present the strongest case possible.

I just want to echo what everyone else is saying - you're in a really good position if your employer doesn't show up! I had my hearing about 8 months ago and my former employer was also a no-show. The judge was incredibly fair and patient with me. Since you mentioned you were laid off due to budget cuts, make sure you emphasize that this was an economic decision by the company, not anything related to your job performance or conduct. If you have any documentation showing the layoffs were company-wide or affected multiple employees, that would be really helpful too. The fact that your employer initially contested it but then doesn't bother to show up to defend their position actually works in your favor - it suggests they don't have a strong case. Stay calm, stick to the facts, and you should be fine. Rooting for you!

I'm dealing with this exact same confusion right now! My company called it a "discharge" but it was really a reduction in force - they eliminated 8 positions including mine due to "economic restructuring." Reading through everyone's responses is so helpful because I was honestly scared to even apply thinking the word "discharge" would automatically disqualify me. It sounds like the consensus is that NYS Department of Labor looks at the actual circumstances rather than just the employer's word choice. I'm going to file tomorrow and make sure to clearly explain that multiple positions were eliminated simultaneously due to budget/economic reasons, not due to any misconduct or performance issues on my part. This community is amazing - thank you all for sharing your experiences and helping newcomers like me understand the process better!

I'm a newcomer to this community and currently going through a similar situation! My employer used "discharge" on my separation notice, but like many of you, it was actually due to company-wide layoffs - they closed our entire regional office and let go 25+ employees. Reading through all these responses has been incredibly reassuring! I was honestly paralyzed with worry that the "discharge" label would automatically disqualify me from benefits. It's so helpful to see that NYS Department of Labor actually investigates the real circumstances rather than just going by employer terminology. I'm planning to file this week and will focus on clearly explaining that my position was eliminated as part of office closure/restructuring, not due to any performance or conduct issues. Thank you everyone for sharing your experiences - this community is such a valuable resource for people navigating this confusing process!

Have you tried contacting your local One-Stop Career Center? They sometimes have direct lines to NYS DOL staff that can help resolve holds faster than the main helpline. Also, if you're facing financial hardship, you might qualify for emergency assistance programs through local social services while waiting for your unemployment to clear. I had a similar hold that turned out to be a system glitch - they were waiting for wage verification from an employer that had already been submitted. Keep documenting all your attempts to contact them in case you need to escalate later.

I went through this exact situation last year and it turned out to be an identity verification hold that wasn't showing up in my portal. The NYS DOL has been implementing more fraud prevention measures that can trigger silent holds. Try logging into your NY.gov ID account (not just the unemployment portal) and check if there are any identity verification requests there. Also, double-check that your direct deposit information matches exactly what's on file with your bank - even small discrepancies in how your name appears can cause payment holds. If you're still stuck after checking these, try calling right when they open at 8 AM on weekdays - I had better luck getting through early morning rather than later in the day.

THE WHOLE SYSTEM IS A JOKE! I've been waiting 2 months for my adjudication to clear and they keep saying someone will call me back. Meanwhile I can't pay my rent because my claim is stuck in limbo. They need to hire more people instead of making us wait forever.

I'm in a similar situation - been waiting 10 days for my callback. From what I've experienced, they also sometimes call from numbers that show up as "Unknown" or "Private Number" so I've been answering those too just in case. You can also try calling their main line at 888-209-8124 early in the morning (like right at 8am when they open) to see if you can get through to someone directly instead of waiting for the callback.