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I'm dealing with a similar situation right now - my employer is contesting my claim even though they told me the layoff was due to "restructuring." It's so frustrating because I'm running low on money and can't get anyone at NYS DOL on the phone. From what I've learned, employers contest claims to keep their unemployment insurance rates low, but it feels like they're just making life harder for people who are already struggling. Has anyone had luck getting through to an actual person at the Department of Labor recently?
I feel your pain @Keisha Williams - the phone situation with NYS DOL is absolutely terrible right now. I ve'been trying for days and can never get through. Maybe try calling first thing in the morning when they open at 8am? That s'when I ve'heard you have the best shot. Also document everything about your layoff - emails, texts, anything that shows it was restructuring and not performance related. The system is definitely stacked against us but hang in there, most people do eventually get approved for legitimate layoffs like ours.
I'm going through the exact same thing right now with my claim being contested after a layoff. What's really helped me is keeping detailed records of everything - I saved the email where my manager explained the layoffs were company-wide due to budget issues, and I documented the date and circumstances of my termination. When you do eventually get through to NYS DOL (keep trying early mornings around 8am), having all that documentation ready makes the process much smoother. Also, don't let the contest discourage you - from what I've seen in this community, legitimate layoffs almost always get approved eventually, even when employers automatically contest them. The waiting is the worst part but you should get your back pay once it's resolved.
I'm going through the same thing right now - filed about 8 days ago and still showing processing status. From what I've read, NYS Department of Labor is really backed up lately so the processing times have been longer than usual. I've been checking my account daily but trying not to stress about it too much since everyone seems to say it's normal. Just make sure you keep doing your weekly certifications like others mentioned because those weeks count once you get approved!
Same boat here! Filed mine 12 days ago and still processing. It's reassuring to hear I'm not the only one dealing with longer wait times right now. I've been doing my weekly certs religiously after reading all the warnings about missing weeks. Did you submit everything they asked for initially or did you have to send additional documents later?
I went through this exact same situation last month! My claim was stuck on processing for almost 3 weeks and I was getting really anxious about it. Turns out NYS Department of Labor just needed extra time to verify my employment history because I had worked for multiple employers in the past year. The key thing is to absolutely keep filing your weekly claims during processing - I almost made the mistake of stopping because I thought there was no point. Once my claim finally got approved, I received all the back payments for the weeks I had certified during the processing period. Hang in there, processing status is totally normal even though it's nerve-wracking!
Common adjudication reasons include verifying you were laid off (not fired for cause), confirming your work history and wages, or checking if you're able and available to work. As long as you were honest on your application and eligible for benefits, adjudication usually resolves in your favor. The key is patience and continuing to file weekly claims throughout the process.
One more thing to add - when you file your initial claim, don't be surprised if the website is slow or crashes, especially on Mondays. The NY.gov system gets overloaded frequently. Try filing early in the morning or late at night when there's less traffic. Also, make sure you have all your documents ready before you start - previous employer addresses, dates of employment, and reason for separation. The system will time out if you take too long to complete the application. And definitely save/screenshot your confirmation number when you finish filing - you'll need it for reference.
This is really helpful advice about the system timing out! I didn't even think about having all my documents ready beforehand. Quick question - when you mention "reason for separation," what exactly should I put if I was just laid off due to slow business? Do I need any documentation from my employer or is my word enough?
OMG I'm so glad you asked this question! I've been freaking out about the same thing. Just lost my job at a restaurant downtown and filed last Friday. Been googling constantly trying to figure out if I'd have to wait a whole week with no income. This thread is so helpful - I was about to panic.
I totally get that panic feeling! Restaurant work can be so unpredictable with layoffs. Just make sure you keep filing your weekly certifications even while you're waiting for that first payment - you don't want to miss any weeks. The system will backpay you once everything processes. Hang in there!
Just wanted to confirm what others have said - NY definitely eliminated the waiting week back in March 2020 and it's been permanent since then. I went through this process about 6 months ago and got paid starting from my first eligible week. The 10 days you've waited is totally normal for initial processing. NYS DOL usually takes 2-3 weeks for that first payment to hit your account, especially if you're doing direct deposit setup for the first time. Keep doing those weekly certifications and you should see movement soon. If it goes past 3 weeks total, that's when I'd start making some calls.
This is really helpful confirmation! I was getting worried since it's been 10 days but sounds like I'm still within the normal timeframe. Just to double-check - when you say "first eligible week," does that mean the very first week I was unemployed, or the first week after I filed my claim? I was unemployed for a few days before I actually got around to filing.
Seraphina Delan
same boat here, got let go 3 weeks ago for not hitting sales targets and my claim got approved pretty quick. just be honest about everything
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William Schwarz
Hey Sayid, I went through something similar about 6 months ago. Got terminated for performance issues after struggling to keep up with the workload at my job. I was really worried about getting denied, but I ended up getting approved for benefits. The key thing is that performance issues usually aren't considered "misconduct" unless you were deliberately not doing your job or violating company rules. Since you mentioned it's about deadlines and quotas, that sounds like a performance issue rather than misconduct. Just make sure to file your claim right away if it happens - you can always appeal if they initially deny you. The whole process was less scary than I thought it would be.
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Evelyn Kelly
•@William Schwarz That s'really reassuring to hear, thank you! I ve'been losing sleep over this whole situation. Did you have to provide any documentation when you filed, or did they just take your word for what happened? I m'also wondering if having only been at this job for 8 months will hurt my chances - I know there are some work history requirements for UI benefits.
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