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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 went through this exact situation 2 years ago - employer claimed misconduct when it was really downsizing. Won my appeal after a 3-month process. The key things that helped me: 1) I had the layoff announcement email (sounds like you have this too!), 2) performance reviews from the past year showing good standing, and 3) I stayed calm and factual during the hearing. The judge asked about the timeline of events, why I thought I was laid off vs fired for cause, and what documentation I had. Your company-wide budget cuts email is golden evidence - that alone should be enough to show their misconduct claim is bogus. Don't stress too much, you seem well-prepared!
Just want to add that sometimes they'll ask for your 'UI number' which is the same thing as your unemployment claim number. Don't let the different terminology confuse you - UI just stands for Unemployment Insurance.
Another thing that helped me was checking my online account dashboard - all your important numbers are usually displayed there once you log in. I bookmark that page because it has my claim confirmation number, benefit year dates, and weekly benefit amount all in one place. Much easier than digging through emails when you need to reference something quickly.
That's a great tip about the dashboard! I've been relying on emails but having everything in one place sounds much more convenient. Is the dashboard accessible through the main NY.gov unemployment portal or is there a separate login?
I'm in almost the exact same situation! My benefit year ends next month and I'm also working part-time. I'm super nervous about having to start over with a new claim... Did you end up filing yet? How did it go? I'm worried they'll calculate my benefits differently and I'll get less money.
I'm going to file tomorrow morning. I'll let you know how it goes! I'm worried about the same thing.
Quick update based on the 2025 rules: When filing a new claim after expiration while working part-time, make sure to have the following ready: 1. Accurate records of all part-time earnings (weekly breakdown) 2. Documentation of your work search activities (even while working part-time) 3. Your current employer's information 4. Any separation documents from previous employers The new monetary determination will be based on your earnings during the base period, so your weekly benefit amount may change depending on how much you've been earning at your part-time job.
UPDATE: I filed my new claim yesterday and it was actually pretty straightforward! The system recognized I had an expired claim and guided me through the process. It asked for details about my part-time work and calculated a new weekly benefit amount - it's about $15 less than before, but not terrible. They said there might be a 1-2 week processing period, but everything looks good so far. Thanks everyone for the advice!
I work in HR and see this happen occasionally. As long as you contact NYS Department of Labor promptly and haven't received any benefit payments, it's usually a non-issue. Your employer might get a notice but most understand that people explore their options during uncertain times.
That's reassuring to hear from someone on the employer side. I'll call first thing Monday morning to get this sorted out.
I went through this same exact situation about 6 months ago! Filed by mistake when I thought I was getting laid off, then my manager called me back for reduced hours. I was panicking thinking I'd get in trouble. Called NYS DOL and explained - they were actually pretty understanding about it. The rep told me it happens more than you'd think. They just marked my claim as "voluntarily withdrawn" and that was it. No issues with my employer either, they barely mentioned the notification they got. Don't stress too much about it, just call them ASAP and be honest about the mistake.
This is exactly what I needed to hear! I've been losing sleep over this thinking I committed some kind of fraud or something. It's good to know the DOL reps are understanding about honest mistakes. Did you have to provide any documentation when you called, or did they just take your word for it? Also, how long did it take to get through to someone?
Taylor To
The whole system is ridiculous if you ask me. They make you jump through hoops to get unemployment benefits when you're already struggling, then they tax you on it like it's some kind of bonus income. Meanwhile rich people get tax breaks for their investments. Sorry for the rant but this stuff makes me so angry.
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Ella Cofer
same here, got my 1099-G last week and now I owe like $900 in taxes ðŸ˜
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Andre Lefebvre
•@Ella Cofer That s'so rough! $900 is a lot when you re'already dealing with unemployment. Have you looked into setting up a payment plan with the IRS? I think they offer installment agreements that might make it easier to manage. Also worth double-checking if you qualify for any credits that could reduce what you owe.
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