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For finding out which companies have been reclassified, check the NYS Department of Labor website - they publish updates on worker classification decisions. You can also search for recent news about specific gig companies and New York labor laws. Some food delivery companies like DoorDash and Grubhub have faced classification challenges, though outcomes vary. The key is whether the company controls how, when, and where you work. If you had to follow specific schedules, wear uniforms, or use company equipment, that strengthens an employee classification argument. Definitely gather those restaurant pay stubs - you'll need them to establish your base period wages when you apply.
This is really solid advice about checking the DOL website for reclassification updates. I'd also suggest looking into whether you qualify for any workforce development programs while you're job searching - New York has some training programs that provide stipends during participation. Since you have restaurant experience, there might be hospitality or food service training programs available that could help you transition back to W-2 employment while providing some financial support.
As someone who recently went through this process, I wanted to share what I learned. The key is really that restaurant job you mentioned - that's likely your ticket to benefits. When I applied, I had to provide my base period wages (usually the first 4 quarters of the last 5 completed quarters before you file). Make sure you have your W-2 or final pay stub from the restaurant ready. The NYS DOL will calculate your weekly benefit based on those covered wages, not your gig income. One heads up though - when you file your weekly claims, you'll need to report any gig work earnings, and they might reduce your benefit dollar-for-dollar depending on how much you make. But having some income is better than none! I'd recommend applying online through the NY.gov website rather than trying to call - the online system walks you through everything step by step.
This is exactly the kind of detailed walkthrough I was hoping to find! Thank you so much for sharing your experience. Just to clarify - when you say they might reduce benefits dollar-for-dollar for gig earnings, does that mean if I make $50 from DoorDash one week, my unemployment benefit gets reduced by $50? Or is there some kind of threshold where small amounts don't count? I'm trying to figure out if it's worth doing any gig work at all while collecting benefits, or if I should focus entirely on finding traditional employment.
Have you tried contacting your state representative's office? I know it sounds like overkill, but their constituent services teams often have direct lines to state agencies like NYS Department of Labor and can help cut through the bureaucracy. I had a friend who was stuck in unemployment limbo for months and their assemblyperson's office got it resolved in less than a week. You can find your representative at nyassembly.gov by entering your zip code. Also, if you have any union connections from your construction work, they sometimes have contacts who can help navigate these issues too.
I'm going through something similar right now and it's incredibly frustrating. One thing that helped me was using the "Contact Us" form on the my.ny.gov website and selecting "Technical Issues" as the category - even though it's not really technical, I got a response faster than when I selected "General Inquiry." Also, try calling the Trade Adjustment Assistance line at 1-888-469-7365 - they sometimes can transfer you to the right department or at least give you better guidance on documentation needed for construction layoffs. Keep detailed records of every attempt to contact them with dates and times - this will help if you need to escalate later. Don't give up, the system is broken but there are people who do want to help once you can reach them.
That's really helpful advice about using the "Technical Issues" category! I never would have thought of that but it makes sense they might prioritize those differently. I'm definitely going to try that Trade Adjustment Assistance number too - even if they can't directly help, getting transferred to someone who actually knows about construction industry issues would be huge. Thanks for sharing what's working for you, it gives me hope that I can get this sorted out before I'm completely broke.
Wait, so if I document everything and quit for good cause, do I still have to do job searches while my claim is being reviewed? Or does that start after approval?
You need to start job searching immediately when you file your claim, even during adjudication. The job search requirement is 3 activities per week and you need to keep detailed records. Don't wait for approval to start looking - that could hurt your case.
I'm really glad to see your update Harold - it takes courage to file a complaint, especially when you're already feeling vulnerable from the original experience. The fact that all calls are recorded is huge for your case. I wanted to add one more tip for anyone else who might need it: if you're feeling anxious about calling back (which is totally understandable after being treated poorly), you can also ask a trusted friend or family member to be with you during the call for moral support. They can't speak for you obviously, but just having someone there can help you stay calm and focused. Also, for future reference, if an agent is being hostile or unprofessional during a call, you have every right to politely end the conversation and ask to speak with someone else. Something like "I don't feel this conversation is productive. Can I please speak with your supervisor or be transferred to another agent?" You don't have to endure abuse just to get help with your benefits. Hope everything works out with your complaint and your claim!
That's such great advice about having someone with you for moral support during calls! I wish I had thought of that before my awful experience. You're absolutely right that we don't have to tolerate abuse - I kept thinking I had to just take it because I needed help with my benefits, but that's not true at all. Thank you for the reminder that we have rights even when we're the ones asking for help. I'll definitely keep that script in mind if I ever encounter another unprofessional agent.
I'm really sorry you went through such a traumatic experience, Harold. It's completely unacceptable for any government employee to treat you that way, especially when you're already dealing with the stress of unemployment. I'm glad to see from your update that you were able to successfully file a complaint and get a case number - that's a huge step forward! One thing I wanted to mention that I haven't seen brought up yet is that if you ever feel comfortable doing so, you might also consider leaving a review or feedback on the NY DOL's social media pages (Facebook, Twitter, etc.). While it won't replace the formal complaint process, it can sometimes get additional attention from management when these issues become more public. Also, if the follow-up from your complaint doesn't happen within their promised timeframe, don't hesitate to call back with your case number and ask for a status update. Sometimes these things get lost in the shuffle, and a gentle follow-up can help keep your case moving. You handled this situation really well by advocating for yourself and following through with the complaint. Hopefully this will lead to better training or consequences for that agent so no one else has to go through what you did.
Thank you Chloe, that's a really thoughtful suggestion about the social media angle. I hadn't considered that, but you're right that public visibility sometimes gets faster responses from organizations. I'll definitely keep that in mind if I don't hear back within the 10 business days they promised. I really appreciate everyone's support and advice throughout this process - it's made such a difference in helping me feel empowered to stand up for myself rather than just accepting poor treatment.
Ingrid Larsson
UPDATE: My payment just hit my account! So it was definitely just the holiday delay. Thanks everyone for the help and reassurance!
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Keisha Thompson
•Just checked and mine came through too! What a relief!
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Sophia Clark
Same thing happened to me last holiday weekend - was stressed for nothing! For anyone new to this, it's worth bookmarking the NYSDOL website calendar that shows processing delays for holidays. They don't always advertise it well but the info is there if you know where to look. Glad everyone's payments are coming through!
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Katherine Ziminski
•Thanks for mentioning the NYSDOL calendar! I'm pretty new to all this and didn't even know that existed. Do you happen to know the direct link to that calendar page? Would be super helpful to have that bookmarked for future reference so I don't panic next time there's a holiday delay.
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