honestly the whole system is so confusing, I tried calling NYS Department of Labor like 50 times to ask about this exact situation and could never get through to talk to an actual person. their website just gives you the basic info but doesn't cover these gray area cases

This is so frustrating!! Why can't they just have clear rules about this stuff? Like if you worked for almost 30 years you should be able to get something to help with the gap. The system is broken.

Tell your friend to file ASAP regardless! There's a time limit and even if they get initially denied they can always appeal. Better to have the claim in the system than miss the deadline completely.

From what I understand about NYS Department of Labor rules, theft accusations fall under "misconduct" which can disqualify someone from benefits - BUT the employer has to actually prove it happened. If there's no video evidence, witnesses, or documentation, that's going to be really hard for them to do. Your friend should definitely file the claim immediately since there are strict deadlines. Even if they get initially denied, they can appeal and request a hearing where both sides present their evidence. The lack of proof will likely work in their favor during the appeal process. Don't let the accusation alone stop them from trying - the system is designed to give people a fair chance to dispute these claims.

To clarify for everyone: 888-581-5812 is indeed a legitimate NYSDOL number used for outbound calls. Here's what you need to know: 1. If they call, they're likely trying to resolve an issue with your claim that's causing the pending status 2. They typically make 2-3 attempts to reach you by phone 3. If they can't reach you by phone, they'll send a secure message to your online account and/or a letter 4. You do have a limited time to respond (usually 7-10 days from their final attempt) 5. Missing their calls won't automatically deny your claim, but it will extend the processing time If you missed their call, I recommend: - Calling the main claims number (888-209-8124) during regular business hours - When connected, explain you missed a call from their office and want to address any issues with your claim - Be prepared with your claim information and employment history details - Check your online account for any secure messages they may have sent This should help you get your claim moving again.

I can add my experience here - I got multiple calls from 888-581-5812 over the past few months while my claim was being processed. It's definitely legitimate NYSDOL! In my case, they were calling because they needed to verify some employment dates that didn't match up with what my previous employer reported to them. The calls usually came between 1-4 PM on weekdays. When I finally answered, the representative was very professional and had access to all my claim details. They asked me to provide some documentation via their secure upload portal, and my claim was approved within a week after I submitted everything. One thing I learned: if you keep missing their calls, you can also try calling the main number and asking to speak with the "adjudication department" - that's the team that handles these verification calls. They can sometimes address the issue right then instead of having to wait for another outbound call. Don't stress too much about missing one call - they really do try multiple times and will send you written notice if they can't reach you by phone. But definitely be proactive about calling them back since you've been pending for 3 weeks already.

honestly just file and see what happens. the worst they can say is no and youll know for sure instead of guessing

I went through this exact situation last year! With your $800/week income, you should definitely file. The process is actually pretty straightforward - you can do it all online through the NYS Department of Labor website. Just make sure you have your Social Security number, employment history for the past 18 months, and your most recent pay stub ready. One tip: file on Sunday, Monday, or Tuesday if possible - those are typically less busy days and the system runs smoother. Also, even if your hours are just cut (not completely eliminated), you might still qualify for partial benefits if your reduced earnings are below your weekly benefit amount.

Just remember that even if you find part-time work, you might still be able to collect partial benefits as long as you report your earnings correctly on your weekly claims. Don't stop filing just because you pick up some temporary or part-time work!

@Chloe Wilson - One thing to keep in mind is that your benefit year is exactly 52 weeks from when you first filed, regardless of how many weeks of benefits you actually receive. So even if you only get 20 weeks of benefits instead of the full 26, you can't file a new claim until that full year is up unless you have enough new earnings to establish a new benefit year. Make sure to keep track of both your remaining benefit weeks AND your benefit year end date in your online account!