As someone who's been through this process multiple times with my business, I'd recommend keeping copies of everything you submit for your records. Also, if the former employee appeals a denial, you'll need to participate in a phone hearing where you'll present your case to an administrative law judge. The documentation you provide now will be crucial if it gets to that stage. Make sure your written warnings clearly reference company policies and show progressive discipline - that strengthens your position significantly.

One thing I'd add is to double-check that you're responding to the correct claim number and that all your business information matches exactly what's on file with NYS DOL. I made the mistake once of having a slight discrepancy in our business name format and it delayed the processing. Also, if this employee worked part-time or had irregular hours, make sure to break down the wage information by quarter as requested - they're pretty strict about getting the exact format they ask for. The online portal will usually give you confirmation when your response is successfully submitted, so don't forget to save that confirmation for your records.

The NYS Department of Labor system is so broken right now. They're probably just backed up because of all the claims from the holidays when restaurants and retail had to cut workers. I'd keep doing your weekly claims no matter what because if they approve you you'll get backpay for all the weeks you certified.

I went through this exact same situation last year with NYS Department of Labor. The "claim under review" status is frustrating because they don't give you any details about what they're reviewing. In my case, it turned out they needed to verify my wages with my former employer, which took about 8 weeks total. The good news is once they finally processed my claim, I got all the back pay for every week I had certified. My advice is to keep filing your weekly claims religiously and check your my.ny.gov account daily for any messages requesting documents. Also try calling first thing Monday morning at 8am sharp - that's when I finally got through to someone who could at least confirm my case was moving forward.

The NYS Department of Labor is just completely overwhelmed right now. My cousin's been waiting 3 months for his appeal to be processed. They're probably understaffed and dealing with a backlog from all the layoffs happening in different industries.

I'm in a similar situation - filed in late October and still waiting. What helped me was contacting my state assembly member's office. They have staff that can actually reach someone at the Department of Labor on your behalf. I called my assemblyperson's district office, explained the situation, and they said they'd make an inquiry. Within a week I got a call back saying there was an issue with my employer's response that was holding things up. Still waiting for resolution but at least now I know what the problem is. Try looking up who represents your district and give their office a call - it's a free service they provide to constituents.

Adding to this conversation as someone who's been through multiple government shutdown scares - it's worth noting that while your regular UI benefits are protected, some related services might experience delays. For example, if you need to appeal a determination or request a hearing, those processes might slow down if they involve coordination with federal agencies. Also, if you're receiving any federally-funded extended benefits (like PEUC when it was active), those could potentially be affected differently than regular state UI. But for basic weekly claims and standard unemployment insurance, you should be completely fine to continue certifying and receiving payments as normal.

This thread has been incredibly informative! As someone who just started receiving UI benefits, I was definitely in panic mode about potential shutdowns. The distinction between state and federal programs makes so much sense now. I'm going to take everyone's advice about filing early on Sunday mornings and keeping documentation of my claims. One question though - if there ever were technical issues with the my.ny.gov system during a shutdown period (even though it's state-run), is there a backup way to certify for benefits? Or would we just have to wait for the system to come back online?

same thing happened to my cousin she refused a job and they stopped her payments for like 6 weeks until she appealed

Based on what you've described, you likely have valid grounds to refuse this offer. A $2/hour pay cut plus the significantly longer commute (45 min vs 15 min each way) are both legitimate factors that could make this job "unsuitable" under NYS Department of Labor guidelines. When you refuse, be sure to clearly document both the wage reduction and the excessive travel time in your refusal. During your next weekly certification, you'll report the job offer and refusal - make sure to provide detailed reasons in the comments section. If they do flag your claim for review, don't panic. You'll have the opportunity to present your case, and based on the factors you've mentioned, you should have a strong argument for why this position wasn't suitable employment for you.