New York Unemployment

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I'm going through a similar appeal process right now - got denied 3 weeks ago for "voluntary quit" even though I was actually terminated. From what I've been reading here and on other forums, the 4-8 week timeline seems pretty accurate for getting a hearing scheduled. One thing that's been really helpful for me is keeping detailed records of every interaction with NYS DOL, including dates I filed weekly claims and any correspondence. Also make sure to check your online account regularly because sometimes they update hearing dates there before sending mail notifications. The waiting is definitely stressful but it sounds like you have good documentation which should work in your favor.

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@Andre Rousseau That s'great advice about checking the online account regularly! I didn t'know they sometimes post hearing dates there first before mailing. I ve'been so focused on waiting for mail that I haven t'been checking online as much as I should. How often do you check your account? And did you end up getting a hearing date yet for your voluntary "quit case?"

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I went through this exact same situation last year - got denied for "misconduct" when I was actually laid off during company restructuring. The appeal process took about 9 weeks total for me. Here's what I learned: 1) Definitely keep filing your weekly claims like others mentioned - you'll get backpay if you win, 2) The hearing was actually pretty straightforward - they mostly just wanted to hear my side and review the documentation I submitted, 3) Having that termination letter and severance paperwork should really help your case since it clearly shows layoff vs misconduct. The waiting is absolutely brutal financially, but hang in there. In the meantime, you might want to look into local food banks or emergency assistance programs to help with bills while you wait. Your case sounds strong with the documentation you have.

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I went through this exact same situation about 6 months ago. My employer appealed even though I was clearly laid off due to company restructuring. What I learned is that some companies have policies to automatically appeal all unemployment claims regardless of the circumstances - it's just a business decision to try to keep their tax rates low. The hearing process was actually pretty straightforward once I got through it. The administrative law judge was fair and I had my layoff documentation ready. Just stay organized with your paperwork and don't let it stress you out too much - if you were legitimately laid off, the appeal likely won't succeed.

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Thanks for sharing your experience Giovanni! It's reassuring to hear that the judge was fair in your case. Did your employer show up to the hearing or did they just file the paperwork and hope for the best? I'm trying to prepare myself for what to expect.

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@Giovanni Moretti That s'really helpful to know about the automatic appeal policies - I had no idea some companies do that routinely. It makes me feel less like they re'targeting me personally. How long did the whole process take from when you got the appeal notice to when it was resolved? And did you continue getting benefits during the appeal period?

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I'm dealing with a similar situation right now - my former employer just appealed my approved benefits too. From what I've researched, you should definitely keep filing your weekly claims unless NYS Department of Labor specifically tells you otherwise. I've been documenting everything related to my layoff just in case, including any company-wide emails about budget cuts or restructuring. It's frustrating that employers can basically challenge legitimate claims as a business strategy, but from what others have shared here, it sounds like the hearing process is fair if you have proper documentation. Has anyone here had experience with what kinds of questions they ask during the hearing?

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@Malik Thompson I haven t'been to a hearing yet since I just got my appeal notice, but from what I ve'read online they typically ask about the circumstances of your separation from employment. Like whether you quit voluntarily, were fired for misconduct, or were laid off. They might also ask about any job offers you received or refused, and your efforts to find new work. I m'planning to bring copies of my layoff notice, any emails about the budget cuts, and my final paycheck stub showing the separation reason. It s'definitely nerve-wracking but everyone here seems to think legitimate layoffs usually win these appeals.

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I just want to say thank you to everyone who contributed to this thread! As someone who's never filed for unemployment before, the base period calculation seemed really confusing at first, but all these explanations have made it so much clearer. The key takeaways I'm getting are: - NY looks at 5 quarters but only uses 4 for the calculation - They automatically calculate both Standard Base Period (skips most recent quarter) AND Alternate Base Period (includes most recent quarter) - They give you whichever calculation results in a higher weekly benefit - Make sure to list ALL employers from the past 18 months when filing - Check your wage history on NY.gov before filing to catch any errors I feel much more confident about filing my claim now. It's also good to know about that Claimyr service if I need help getting through to speak with someone. Really appreciate this community for breaking down such a complex topic in plain English!

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You're so welcome! This community is really great for breaking down confusing government processes. I was in the same boat when I first had to deal with unemployment - the official websites make everything sound so complicated with all the legal language. One small addition to your excellent summary: remember that quarters are always calendar quarters (Jan-Mar, Apr-Jun, etc.), not based on when you started working or filed. That tripped me up initially because I was thinking about it like a rolling 12-month period. Sounds like you've got a solid plan for filing your claim. Wishing you the best with your job search too!

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I just want to add one more practical tip that helped me when I filed last year - if you're unsure about any of your employment dates or earnings amounts when filling out the application, it's better to be as accurate as possible rather than guessing. The system will verify your wages anyway through employer reports, so if you put down incorrect information, it just creates more work later to fix discrepancies. I kept a simple spreadsheet with my employment dates, gross wages per quarter, and employer info before I started the application, which made the whole process much smoother. Also, don't panic if your claim shows "pending" for a while after you submit it - that's normal, especially if you had multiple employers or recent job changes. The wage verification process can take 1-2 weeks, but you can start certifying for benefits right away even while it's pending. Hope this helps and good luck with your claim!

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That's really excellent advice about keeping accurate records! I never thought about creating a spreadsheet beforehand, but that makes so much sense. It would definitely be faster than trying to remember dates and dig through old pay stubs while filling out the application. I'm going to set that up before I file - it'll probably save me a lot of stress and potential errors. Thanks for the tip about the pending status being normal too. It's good to know I can start the weekly certification process even while they're verifying wages.

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I went through a similar appeal last year and want to add a few things that helped me. First, when you get your hearing notice, it will include instructions on how to submit evidence beforehand - definitely do this rather than just bringing it to the hearing. You can usually email or fax documents to the ALJ's office. Second, practice explaining your situation clearly and concisely. The hearing goes by quickly and you want to make sure you hit all the key points about why it was a layoff, not misconduct. Also, if your company had any WARN notices or press releases about layoffs around the time you were let go, try to find those online - they can be great supporting evidence. The good news is that misconduct cases have a high burden of proof for employers, so if you have documentation showing it was economic reasons, you should be in good shape.

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This is excellent advice, especially about submitting evidence beforehand! I didn't know you could email documents to the ALJ's office ahead of time. That sounds way better than trying to explain everything during the hearing. I'll definitely look for any company announcements about layoffs - good thinking. Thanks for sharing your experience, it's really reassuring to hear from someone who went through this successfully.

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I'm going through the exact same situation right now! Filed my appeal 10 days ago after being wrongfully denied for "job abandonment" when I was actually furloughed due to COVID impacts on my company. Reading everyone's experiences here is super helpful. One thing I wanted to add - make sure you keep detailed records of every interaction with DOL during this process. I started a simple spreadsheet tracking dates I called, reference numbers, what was discussed, etc. It's already come in handy twice when different representatives gave me conflicting information. Also, don't be discouraged if the online portal doesn't update right away - mine still shows "pending" even though I received my hearing notice yesterday. The system seems to lag behind the actual process. Hang in there Miguel, sounds like you have solid documentation which puts you ahead of a lot of people in appeals.

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Great advice about keeping detailed records! I hadn't thought about tracking all my interactions with DOL but that makes total sense given how often people get different answers from different reps. The spreadsheet idea is really smart. Sorry to hear you're dealing with a wrongful "job abandonment" claim - that sounds just as frustrating as my misconduct denial. It's good to know the online portal lagging is normal because I was starting to worry something went wrong with my appeal submission. Thanks for the encouragement about my documentation, and good luck with your hearing! Hopefully we both get this resolved soon.

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THE WHOLE SYSTEM IS A MESS! They ask for pay stubs then half the time they can't even process them correctly. I submitted 6 pay stubs and they still put my claim in adjudication for 'wage verification' issues. Been waiting 5 weeks now with no answers!

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ugh that sounds awful, hope it gets resolved soon

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From my experience filing in NYS, you'll definitely want to have your most recent 4-6 pay stubs ready, but also keep any documentation from previous employers within the past 18 months just in case. The system calculates your benefit based on your highest earning quarter during that base period, so having comprehensive records helps avoid delays. I'd also recommend scanning everything and keeping digital copies since the online portal can be finicky with uploads sometimes. Don't stress too much about having the exact number - they'll tell you if they need additional documentation during the review process.

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This is really helpful advice! I didn't think about keeping digital copies - that's a great tip since I've heard the upload system can be glitchy. Quick question: when you mention the "highest earning quarter," does that mean they look at which 3-month period I made the most money, or is it based on calendar quarters like Jan-Mar, Apr-Jun, etc.?

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