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Make sure you keep applying for jobs while your claim is processing too. Even if you end up getting approved, you'll need to show job search activity for your weekly claims. NYS Department of Labor requires work search contacts now.
I went through something very similar with a toxic manager situation. The key things that helped my case were: 1) Keep detailed records with dates/times of incidents, 2) Any written communications (emails, texts) showing the hostile behavior, 3) Witness statements from coworkers if possible. When you file, be very specific about how the work environment became intolerable - don't just say "hostile workplace" but explain the specific behaviors and how they affected your ability to work. Also document if you tried to resolve it through HR or management first. NYS DOL looks favorably on cases where you attempted to fix the situation before quitting. The emails and witness statements you mentioned should definitely help your case!
This is really helpful advice! I'm in a similar situation right now and wondering - how detailed should the incident documentation be? Like should I include every single interaction or just the most serious ones? Also, did you have any issues with former coworkers being willing to provide witness statements? I'm worried some of mine might be hesitant since they still work there.
@Harper Hill I d'recommend documenting the most serious incidents in detail, but also keep a general timeline of everything - even smaller things can show a pattern of behavior. For witness statements, you might be surprised - some coworkers are willing to help if you approach them privately and explain you re'not trying to get anyone in trouble, just documenting what happened. You could also ask former employees who ve'left the company, as they might be more comfortable speaking up without fear of retaliation. Even if you can t'get witness statements, your own detailed documentation with dates and any written evidence can still be very compelling to NYS DOL.
I want to add one more important point that hasn't been mentioned yet - make sure you understand the difference between gross and net earnings when reporting to NYS Department of Labor. You need to report your gross earnings (what you made before expenses), not what you actually took home after gas, wear and tear on your car, etc. So if you made $100 doing DoorDash deliveries but spent $20 on gas, you still report the full $100 on your weekly certification. The expenses can only be deducted later when you file your taxes, not when you're calculating your weekly UI benefit reduction. I made this mistake early on and had to call to clarify with an agent. It's a common misconception that trips people up!
Wow, thank you for clarifying that! I definitely would have made the same mistake and reported my net earnings instead of gross. That's such an important distinction that could really mess up someone's claim if they get it wrong. I'm going to make a note of this - report the full amount I earn from gig work before any expenses, then handle the expense deductions separately at tax time. Really appreciate everyone sharing their experiences here, it's making me feel much more confident about doing this the right way!
Another thing to consider is keeping documentation of your job search activities separate from your gig work schedule. I recommend using a calendar or planner to block out specific times for job applications, interviews, and networking - this way if NYS Department of Labor ever questions your availability for full-time work, you can show that you're actively dedicating substantial time to finding permanent employment. I typically spend mornings on job search activities and save gig work for afternoons/evenings. Also, when you do land interviews, make sure you're available and not committed to gig work during those times. It shows you're prioritizing your job search over the temporary gig income, which is exactly what unemployment benefits are designed to support.
UPDATE: I used the Claimyr service that someone suggested and actually got through to a real person! The agent said my payment was already in the reprocessing queue and should be deposited by Friday. She also said for future reference, you should always update direct deposit info at least 7-10 days before your next payment date to avoid this issue. Sharing for anyone else who might run into this problem!
Great to hear you got through and have a timeline! For anyone else dealing with this, I went through the same thing last month. One tip that helped me was setting up text alerts in my online banking so I'd know immediately when the redeposit hit my account. Also, if you're really tight on money while waiting, some banks will do a small emergency loan against pending direct deposits - might be worth asking about if you're a longtime customer. The whole system definitely needs work but at least there are workarounds!
The text alerts idea is brilliant! I never thought of that. I'm definitely going to set those up right now so I don't have to keep obsessively checking my account balance. And thanks for the tip about emergency loans - my credit union might be able to help with that if I get desperate. It's so frustrating that we have to jump through all these hoops just to get our own money, but I really appreciate everyone sharing their experiences and workarounds!
One more thing to check - if you worked in multiple states in the past 18 months or had any 1099 income, that can sometimes cause verification delays. Also if your employer is disputing the claim for any reason, that would explain why it's taking so long. The adjudication process for disputed claims can take 6-8 weeks easily.
I'm going through the exact same thing right now - filed in mid-December and still stuck in "under review" status with no explanation. It's incredibly frustrating when you've done everything they asked and still get radio silence. I've been documenting everything (screenshots, call logs, submission confirmations) just in case I need to escalate this later. Has anyone had luck reaching out to their local state representative's office? I've heard they sometimes have direct contacts at the Department of Labor who can actually look into specific cases.
Edwards Hugo
this whole system is so messed up... you can work somewhere for years and then they make your life hell but if you leave you might not get benefits. meanwhile people who barely worked get approved right away
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Lucas Parker
•I understand the frustration, but NYS Department of Labor has to have rules to prevent abuse. The key is knowing how to document your situation properly so you can prove legitimate reasons for leaving.
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GalacticGladiator
I've been through something similar and the key thing I learned is that NYS Department of Labor really focuses on the employer's burden to prove misconduct. In my case, I was dealing with a supervisor who was creating impossible situations - giving contradictory instructions, setting unrealistic deadlines, then writing me up when I couldn't meet them. When I eventually got terminated for "performance issues," I was still approved for unemployment because the employer couldn't prove I was willfully violating policy or being insubordinate. The adjudicator told me that being bad at your job isn't misconduct if you're trying your best. Document everything though - dates, times, witnesses, emails. If your supervisor is creating a hostile environment, that paper trail will be crucial whether you end up getting fired or decide to quit for good cause.
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