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I'm dealing with a nearly identical situation and this thread has been incredibly helpful! My employer cut my hours from 36 to just 9 hours per week, and when I couldn't afford to stay, they denied my unemployment claim for "voluntary quit." I had no idea about constructive dismissal or that late appeals were possible until reading everyone's experiences here. I'm about 8 weeks past my denial notice, but seeing so many success stories gives me real hope. I have pay stubs showing the dramatic reduction and some emails where my supervisor kept saying the cuts were "just for a few weeks" but they never restored my hours. It's really encouraging to see that appeals judges seem to understand these situations much better than the initial reviewers. Going to call the appeals office tomorrow and explain that I genuinely thought I had no options after the denial. Thank you all for sharing your stories - you've shown me that 9 hours a week clearly isn't enough to survive on and that I shouldn't have to accept being labeled as someone who "voluntarily" quit when I was essentially forced out!
@Brielle Johnson Your case sounds incredibly strong for constructive dismissal! Going from 36 to 9 hours is such a massive cut that any reasonable person would see it as being forced out. Those emails where your supervisor kept promising the cuts were temporary but never followed through are perfect evidence - it shows they weren t'acting in good faith. At 8 weeks out, you re'actually in good company based on what others have shared here. I ve'seen several people mention successful late appeals even at 7+ weeks, especially when they can show they didn t'understand the process initially. When you call tomorrow, definitely emphasize that 9 hours a week made it impossible to cover even basic living expenses - that financial impossibility is key to proving constructive dismissal. The appeals process seems so much more fair than the initial review, and judges really seem to get that these aren t'true voluntary "quits." You re'absolutely right that you shouldn t'have to accept that label when your employer made the job unsustainable. Best of luck with your call - your documentation sounds really solid!
I'm in an almost identical situation and this entire thread has been a lifeline! My hours got slashed from 40 to about 11 hours per week and I received the same "voluntary quit without good cause" denial. Like so many others here, I had no clue that constructive dismissal was a thing or that late appeals were even possible. Reading everyone's success stories is giving me the confidence to fight this - I'm about 6 weeks past my denial but it's clear that's not the end of the road. I have documentation showing the hour cuts and some messages from my manager about "temporary adjustments" that became permanent. It's incredible how many people here have successfully overturned these denials by proving that massive hour reductions essentially force you out. No one can survive on 11 hours a week! Planning to call the appeals office this week and argue constructive dismissal. Thank you everyone for sharing your experiences and showing that these cases can be won even after missing the initial deadline!
I went through this process about 6 months ago and it was definitely confusing at first! One thing that helped me was calling the NYS Department of Labor employer hotline at (518) 457-2635 early in the morning (like 8:15 AM) - I had much better luck getting through then versus later in the day. Also, make sure you have your business formation documents ready when you register because they'll ask for the date you first became liable for wages. The quarterly reports aren't due until the end of the quarter after you hire, so you have some breathing room there. Good luck with your new business!
Thanks for the phone number tip! I've been dreading the phone call part but trying early morning makes sense. Quick question - when you say "business formation documents," do you mean just the Articles of Incorporation or do they need other paperwork too? I want to make sure I have everything ready before I call.
I just went through this exact process two months ago for my consulting business! The NAICS code lookup on the Census Bureau website is pretty straightforward - just search for your industry and it'll give you the 6-digit code you need. For the unemployment tax registration itself, I found it helpful to have my EIN, business formation date, and estimated number of employees ready before starting the online application. One thing nobody mentioned yet - they'll also ask for your anticipated quarterly payroll amount, so have a rough estimate ready. The whole process took me about 30 minutes once I had all the info gathered. Don't stress too much about getting everything perfect on the first try - you can always update most information later through your employer account.
This is super helpful! I'm actually in the same situation as the original poster and was wondering about the quarterly payroll estimate part. How accurate does that need to be? I'm honestly not sure how much I'll be paying my first employee yet since I'm still figuring out the role and hours. Can I just give a rough ballpark figure or do they hold you to whatever number you put in there?
I went through this exact situation about 6 months ago! The contradictory letters are definitely a system glitch - what likely happened is that the automated system processed your childcare reason correctly for the employer notification but somehow triggered a different decision pathway for your personal letter. A few things that helped me get it resolved faster: - When you call, ask to speak specifically to a "Claims Examiner" rather than general customer service - Have your confirmation number from both letters ready when you call - Try calling right when they open (8am) - I had better luck getting through then The good news is that since you have documentation showing you were already approved (the employer letter), this should be a pretty straightforward fix once you get someone on the phone. My case got corrected within 48 hours once I reached the right person, and I received full backpay dating to my original claim date. Definitely keep that hearing appointment though - better to be safe than sorry with the NY DOL system!
This is super helpful advice! I hadn't thought about asking specifically for a Claims Examiner - I was just planning to talk to whoever answered. The 8am calling tip is great too, I'll definitely try that tomorrow morning. It's really reassuring to hear that you got it fixed so quickly once you reached the right person. Did you have to provide any additional documentation beyond the contradictory letters, or was that enough to get it sorted out?
I'm going through something very similar right now! Got my denial letter about 2 weeks ago, but when I called my former employer to ask about their side of things, they mentioned they received a letter saying I was approved for benefits due to "involuntary separation." Meanwhile, my letter says I was denied for the same reason - it makes no sense! I've been trying to get through to someone at DOL for days now. The longest I waited was 4 hours yesterday before getting disconnected. It's so frustrating when you know there's obviously just a computer error but you can't get anyone to fix it. Reading all these responses is actually really helpful though - I had no idea this was such a common problem with their system. I'm definitely going to try that Claimyr service someone mentioned, and I'll make sure to ask for a Claims Examiner specifically when I do get through. Thanks for posting about this! Sometimes it helps just knowing you're not alone in dealing with these system glitches.
Wow, it's both frustrating and oddly comforting to see how many people are dealing with this same issue! I'm also dealing with contradictory determination letters right now - got denied but my employer received an approval letter for the exact same claim. It really does seem like their computer system has some serious bugs when it comes to generating these letters. I'm planning to try calling first thing at 8am tomorrow based on the advice here, and definitely going to ask specifically for a Claims Examiner. Has anyone had luck with the online reconsideration request option, or is calling usually more effective? Really appreciate everyone sharing their experiences - makes me feel less crazy for being so confused by these contradictory letters!
If you're having trouble getting through to NYS Department of Labor to set up the tax withholding, I used this service called Claimyr (claimyr.com) that helped me get connected to an agent quickly. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Was way easier than sitting on hold for hours trying to reach someone.
Just remember you'll get a 1099-G form from NYS Department of Labor in January showing your total benefits received for the year. You'll need this when filing your taxes.
Nina Fitzgerald
Just wanted to jump in and say you're going to do amazing Emma! I had my meeting about 3 weeks ago and was SO nervous beforehand, but honestly it ended up being one of the most helpful conversations I've had through this whole unemployment process. The advisor actually gave me some great job search tips I hadn't thought of and helped me understand some parts of the system that were confusing me. One small thing to add - if you have any questions about timing of payments or when to certify, definitely ask during the meeting! I was too shy to ask and ended up having to call back later (which took forever to get through). Also, totally agree with everyone saying to test your tech setup - I did a practice zoom call with my sister the night before just to make sure everything worked smoothly. You're so prepared now with all this great advice from everyone! Can't wait to hear how it goes! 🤞✨
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Emily Jackson
•Nina this is so encouraging to hear! 🥺 I was definitely planning to be too shy to ask about payment timing but you're totally right - better to ask while I have them there than try to get through on the phone later. The practice zoom call idea is brilliant too, gonna rope my roommate into helping me test everything out tomorrow night. It's amazing how this thread went from me being terrified to actually feeling prepared and optimistic! Thank you so much for sharing your experience 💕
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AaliyahAli
Emma, you've gotten amazing advice here! Just wanted to add - if you're on any medications that might affect your work availability, they might ask about that too (nothing invasive, just general stuff). Also, I learned the hard way to have a backup plan if your primary internet fails - I actually used my phone's hotspot when my wifi got spotty during my call. One last thing that really helped me: I wrote down my employment history with dates beforehand because I always blank on that stuff when put on the spot! The whole process ended up being way more supportive than scary. Sending good vibes for Tuesday! 🍀
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