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just wanted to say good luck! same thing happened to my friend and she won her appeal. the truth usually comes out in these hearings
From my experience working in HR before switching careers, I'd estimate employees win unemployment appeals around 40-50% of the time when they have solid documentation like you do. The fact that you have a company-wide email about budget cuts is huge - that directly contradicts their misconduct claim. NYS Department of Labor judges are pretty good at spotting when employers are trying to avoid paying unemployment costs. Make sure to organize all your evidence chronologically and practice explaining your timeline clearly. You've got a strong case!
That's really encouraging to hear from someone with HR experience! I feel much better knowing that 40-50% success rate with good documentation. You're right about organizing everything chronologically - I've been putting together a timeline of events leading up to the layoff. Do you think I should also include any performance reviews or emails showing I was meeting expectations before the budget cuts happened?
Absolutely! Performance reviews and emails showing you met expectations are crucial evidence. They help establish that your termination wasn't performance-related, which strengthens your case against the misconduct claim. I'd also suggest including any documentation of positive feedback, completed projects, or goals you achieved right up until the layoffs. The more you can show you were a good employee in good standing, the harder it becomes for your employer to justify the misconduct allegation. Timeline organization really helps the judge follow your story clearly.
I just went through this process a few months ago after getting laid off from my warehouse job where I was making $620/week. The benefit calculation ended up being pretty close to what everyone's saying here - I got $271/week. One thing that really helped me was keeping detailed records of all my pay stubs before filing, because NYS Department of Labor asked for verification of my wages during the application process. Also, if you do get laid off, file your claim immediately even if your last day hasn't happened yet - there's usually a one-week waiting period before benefits start, so the sooner you file the better. The online application took me about 45 minutes to complete, and I had my determination letter within about 10 days. Good luck with everything!
@Sophie Duck thanks for sharing your experience! That s'really helpful to know about filing immediately even before the last day - I wouldn t'have thought of that timing strategy. The one-week waiting period is something I need to factor into my budget planning. Quick question - when you say they asked for wage verification, was that just pay stubs or did they want anything else like tax documents? I want to make sure I have everything ready to go if this layoff does happen.
Just wanted to add my experience since I was in almost the exact same situation - making $595/week at a clothing store that closed down last fall. My weekly unemployment benefit came out to $268, which lined up pretty well with what others are saying here about roughly 45% of your weekly wages. The application process was smoother than I expected, but definitely keep digital copies of everything - pay stubs, your layoff notice, any severance paperwork. NYS Department of Labor's website can be slow during peak times (like Monday mornings when everyone's doing their weekly certifications), so try to file during off-peak hours if possible. Also, if your employer contests your claim for any reason, don't panic - just respond with documentation showing you were laid off through no fault of your own. With your rent being $1200/month, that unemployment benefit plus maybe some side gig income should help you get by while job hunting.
@ThunderBolt7 this is super helpful! I'm actually in the exact same boat as the original poster - making $600/week and facing potential layoffs next month. Your experience getting $268/week on $595 wages gives me a really good baseline to work with for my budgeting. The tip about filing during off-peak hours is smart - I hadn't considered that the system might be slower at certain times. One quick question - how long did it take for your first payment to actually hit your account after you got approved? I'm trying to figure out my cash flow timing in case this does happen.
The fact that the NY unemployment system is still this broken is absolutely insane. It's been like this for YEARS. Nobody cares because politicians don't have to deal with it. I'd recommend documenting everything and also filing a complaint with the state ombudsman's office.
I'm going through the exact same situation right now - filed in early June, got my determination letter saying I qualify for $412/week, but it's been 8 weeks of "pending" status with zero payments. The frustration is real! I've been calling nonstop but can never get through. Reading through everyone's experiences here gives me some hope that it will eventually get resolved, even though the waiting is killing me financially. Going to try some of the suggestions mentioned here like contacting my assembly person and maybe that calling service people have mentioned. Thanks for posting this - at least I know I'm not alone in this nightmare!
Ugh, I feel your pain! Same boat here - filed in late May and it's been nothing but "pending" hell for weeks now. The worst part is not knowing WHY it's stuck or when it might get fixed. I've been trying the early morning calling strategy but still can't break through. Let me know if the assembly person route works for you - might try that myself if I keep getting nowhere!
This is such a common issue and it's maddening! I went through something similar about 6 months ago. The system kept accepting my certifications but then acting like I never submitted them. Turned out there was a work search verification flag on my account that I had no idea about. One thing that might help while you're trying to get through to someone - screenshot or write down your confirmation numbers every time you certify. When I finally got a rep on the phone, having those confirmation numbers helped prove I had been certifying regularly, and they were able to see the certifications in their system even though my online account didn't show them as processed. Also, if you're still having trouble getting through by phone, try calling right when they open (usually 8am) or during lunch hours when call volume might be lower. The wait times are brutal but persistence pays off. Hope you get this sorted out soon!
That's really smart advice about keeping track of the confirmation numbers! I wish I had thought to do that earlier. I did save a few of them but not all. It's so frustrating that we have to document everything just to prove the system isn't working properly. The timing tip is helpful too - I've been calling randomly throughout the day but maybe I should be more strategic about when I call. Thanks for sharing your experience!
I just went through this exact same nightmare last month! The certification loop is so frustrating - I was certifying every few days thinking maybe it would finally stick. Turns out I had a "pending determination" on my account that was invisible to me but blocking all my certifications from processing. What finally worked for me was calling the main NYSDOL number (888-209-8124) at exactly 8:00 AM on a Tuesday. I know everyone says the phones are impossible, but I got through after about 45 minutes of busy signals by hitting redial constantly. The rep immediately saw the issue - apparently my previous employer had contested my claim and it triggered an automatic hold. She cleared it in about 5 minutes and released 3 weeks of backed-up payments the same day. The key was getting to someone who could actually see the backend of my account, because the online portal shows nothing about these hidden flags. Don't give up! Keep that confirmation number documentation and try the early morning calling strategy. The system is broken but there are real people who can fix it once you reach them.
Natasha Kuznetsova
You got this! Appeals are winnable if you have the right evidence. I won mine by showing the company's story didn't match the timeline of events.
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Chloe Davis
I went through this exact situation 8 months ago - also got wrongly labeled as "misconduct" when it was clearly a layoff. The appeal hearing was actually straightforward once I had my documentation ready. Make sure to get a copy of your employee handbook too, especially any sections about disciplinary procedures. If they didn't follow their own progressive discipline policy before terminating you, that's strong evidence it wasn't misconduct. Also, if other employees were let go around the same time, try to get their contact info as potential witnesses. The judge will want to hear about the broader context of company layoffs, not just your individual case. Don't let the 30-day deadline stress you out - as long as you file on time, you'll get your chance to present your side.
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