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Ugh the whole system is rigged in favor of employers. They can basically say whatever they want and NYS Department of Labor believes them first. I had to appeal my denial and it took THREE MONTHS to get my benefits. Meanwhile I'm supposed to just what, not pay rent?? The adjudication process is a joke.
I went through something similar last year. In NY, employers can contest for misconduct, but they need to prove it was willful and work-related. A single verbal warning from months ago probably isn't enough to establish a pattern of misconduct, especially if there's no documentation. Keep records of everything - your layoff notice, any emails mentioning budget cuts, etc. During the fact-finding interview, be honest and stick to the facts. If they really did lay you off due to budget issues, that should come out in the investigation. Don't panic yet - many employer contests fail when they can't provide proper documentation.
This is really helpful, thank you! I do have the email from HR about the layoffs being due to budget constraints, so that should help my case. It's reassuring to know that one old verbal warning probably won't be enough for them to prove misconduct. I'm trying to stay positive but this whole situation has me so anxious about my finances.
@Sofia Morales - since you mentioned your job ended last month and you've earned more wages since October, you should definitely be able to file a new claim right away. The monetary requirements are based on your earnings in the "base period" (usually the first four of the last five completed calendar quarters), so your additional work since the denial could make you eligible now. Just make sure to gather all your recent pay documentation before applying online. Good luck!
Just want to add that when you file your new claim, make sure to be very clear about the dates you worked and your reasons for separation from your most recent job. Since you mentioned your job ended last month, they'll want to know if you were laid off, quit, or terminated - this affects eligibility. Also, don't mention your previous denied claim unless they specifically ask about it. Treat this as a completely fresh application based on your current circumstances. The system will automatically check if you meet the monetary requirements based on your updated work history.
This is excellent advice about being clear on separation reasons! I'm in a similar situation and was wondering - if you were laid off from your most recent job, does that automatically make you eligible even if your previous claim was denied for monetary reasons? Or do you still need to meet those wage requirements regardless of the separation reason?
LISTEN UP PPL - PayPal works but u gotta do it right: 1. Use a VERIFIED PayPal account 2. Double check routing/account #s 3. Wait 1-2 certification periods before the change takes effect 4. Keep old account open until new deposits start 5. Check ur email for PayPal notifications Been using it for a year, zero probs. Just follow the steps and ur good 💯
I've been using PayPal for my NY unemployment for about 4 months now and it's been solid. The key thing is making sure your PayPal account is fully verified with your SSN and everything. I had one hiccup in the beginning where a payment got delayed because I hadn't confirmed my phone number, but once that was sorted it's been smooth sailing. Takes 2-3 days just like a regular bank transfer. Way more convenient than dealing with traditional banks if you don't have one nearby.
Thanks for sharing your experience! Quick question - when you say "fully verified with your SSN", did you have to upload documents or was it just entering the info online? I'm trying to get mine set up and want to make sure I do it right the first time.
@Romeo Barrett You just need to enter your SSN online through PayPal s'verification process. They might ask for additional docs like bank statement or ID if there s'any issues, but usually just the SSN entry is enough. Make sure your name on PayPal matches exactly what s'on file with DOL too - that s'important!
I'm in a similar boat - had my hearing two weeks ago and the anxiety is real! My employer tried to claim I was "insubordinate" but I had documented everything showing I was just questioning unsafe practices (which is literally my right). The judge seemed really interested in my documentation and kept asking my employer for specific examples they couldn't provide. Reading through everyone's experiences here is both helpful and terrifying - the range from 2 weeks to 8+ weeks is wild! I've been checking my mailbox obsessively and refreshing my online account multiple times a day. The worst part is not knowing if no news is good news or if something got lost in the system. For what it's worth, your case sounds strong with the performance reviews and evidence of following guidelines. Department restructuring layoffs disguised as "misconduct" seems to be a common tactic employers use. Hopefully we'll both get good news soon and can finally breathe again!
Giovanni, your case sounds really strong too! Questioning unsafe practices is absolutely your right and the fact that your employer couldn't provide specific examples when the judge asked is a huge red flag for their case. I'm dealing with the same obsessive mailbox checking - it's driving me crazy! 😅 You're totally right about the restructuring/misconduct thing being a common employer tactic. It seems like they think they can just slap a "misconduct" label on layoffs and avoid paying unemployment. From what I'm reading here, judges seem to see right through that nonsense most of the time. The waiting is brutal but at least we're all in this together. Hoping we all get our good news soon! 🙏
I'm also waiting on my appeal decision and this thread has been so helpful! Had my hearing 3 weeks ago and haven't heard anything yet. My situation is pretty similar - got laid off during a "restructuring" but they're claiming I was terminated for performance issues. Thing is, I have my last 6 months of performance reviews showing I was meeting all my targets right up until they eliminated my position. The judge seemed really skeptical when my employer couldn't explain why someone with good performance reviews would suddenly be fired for performance. They kept fumbling around trying to justify it. Based on everyone's timelines here, I'm hoping to hear something in the next week or two. It's wild how broken this system is though - the fact that people are waiting 2+ months for basic decisions while struggling financially is just cruel. But reading everyone's experiences gives me hope that most of these bogus "misconduct" claims get overturned. Fingers crossed for all of us still waiting! 🤞
Diego Rojas
ugh this whole system is such a nightmare. why cant they just make the forms clearer instead of setting people up to fail?? ive been dealing with NYS Department of Labor for months and its like they WANT to make it impossible
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Anastasia Sokolov
•I feel you on the frustration but the form isn't that bad once you understand what they're looking for
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Liam Fitzgerald
One tip that helped me with the work history section - if you worked multiple jobs during any period, list them all even if they overlapped. The system needs to see your complete earnings picture to calculate benefits correctly. Also, for the "reason for separation" with reduced hours, you can usually select "lack of work" or "reduction in force" - both indicate it wasn't your fault. Keep all your documentation handy in case they need to verify anything during the review process.
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Malik Thomas
•This is really helpful advice! I'm in a similar situation and was wondering - when you say "keep all your documentation handy," what specific documents should I have ready? I have my last few pay stubs but I'm not sure what else they might ask for during the review.
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