I went through this same situation a few months ago - also got denied for "misconduct" when I was actually laid off due to company restructuring. I ended up hiring a lawyer and it was worth every penny. The attorney knew exactly what evidence to request from my former employer and how to present my case. We won the appeal and I got all my back benefits. If you're worried about cost, many lawyers will work on contingency for unemployment cases or offer payment plans. Don't let your employer's false misconduct claim stand - fight it!

I'm in a similar situation and have been researching this myself. One thing I learned is that NYS has legal aid organizations that offer free or low-cost help with unemployment appeals if you qualify based on income. The Legal Aid Society and some local bar associations have programs specifically for unemployment cases. Also, if you do decide to represent yourself, make sure to request all the documents your employer submitted with their misconduct claim - you have a right to see their evidence before the hearing. The fact that your termination letter mentions budget cuts should work strongly in your favor. Document everything and don't be afraid to ask the hearing officer to clarify anything you don't understand during the process.

This is such a helpful thread! I'm in a similar boat - filed for NY unemployment in January and have been missing back pay for about 3 weeks. Reading through everyone's experiences, it sounds like the key things are: 1) Call and specifically ask for a "Retroactive Payment Specialist", 2) Use the term "retroactive benefits" when explaining the issue, and 3) Have all your documentation ready including exact dates and confirmation numbers. Really encouraging to see @Paolo Conti got it resolved! Going to try calling first thing Monday morning at 7:59am like Emma suggested. Thanks everyone for sharing your experiences - this community is so valuable for navigating these confusing systems!

Just want to add that if you're still having trouble getting through by phone, you can also try contacting your local state assembly member's office. I know it sounds weird but they actually have dedicated liaisons who can help with unemployment issues. I did this last year when I was stuck in appeals hell and they got my case moving within a week. Most people don't know this is an option but elected officials' offices deal with NYSDOL problems all the time. You can find your assembly member on the NY State Assembly website - just search by your zip code. Worth trying if the phone system keeps failing you!

Make sure you're reporting ALL earnings when you file your weekly claim, even if it's cash work or just a few hours. NYS Department of Labor cross-references with employers and not reporting can trigger an overpayment investigation. The formula is: Weekly Benefit Rate minus (Earnings minus 25% of Weekly Benefit Rate) = Your payment amount.

Just want to add that the earnings calculation can get tricky if you have variable hours each week. I learned the hard way that you need to report earnings for the week you actually worked, not when you got paid. So if you worked Monday-Friday but got paid the following Tuesday, those earnings count for the week you worked. Also, if your part-time earnings consistently put you over the benefit amount, NYS Department of Labor might eventually close your claim assuming you're no longer unemployed. Keep track of your hours and earnings carefully!

This thread has been incredibly eye-opening! I'm currently working part-time and considering going back to school, but after reading about this quarterly verification requirement, I'm wondering if I should contact NYSDOL proactively to understand what additional requirements I might face. It's ridiculous that they don't clearly explain these programs upfront. @Freya Collins - so glad you got your benefits restored! Your persistence really paid off. For anyone else in a similar situation, it sounds like the key is knowing the right terminology to use when you finally get through to someone. The fact that multiple people here had success with that callback service suggests it might be worth the cost when you're dealing with urgent financial needs.

Wow, this thread has been incredibly informative! I'm actually in a very similar situation - working part-time and starting my master's program next month. I had no idea about this quarterly verification requirement and honestly, reading about Freya's experience has me pretty concerned. It's absolutely ridiculous that NYSDOL implements these requirements without clearly communicating them to claimants. I'm definitely going to call them proactively before I start classes to ask about any additional verification requirements. Better to deal with it upfront than get blindsided like this. The suggestion about using specific terminology like "quarterly verification requirements for partial unemployment recipients enrolled in education programs" is really helpful. Thanks to everyone who shared their experiences and solutions here - this is exactly the kind of real-world advice you can't get from their official resources. It's sad that we have to rely on community forums to understand basic program requirements, but I'm grateful this information is available!

To answer your follow-up question - you don't need to provide LLC documentation to NYS Department of Labor unless they specifically request it during an audit or investigation. The important thing is accurate weekly reporting. If your business starts generating income, even $1, report it. If you work on business activities during a week you're claiming benefits, report those hours.

I went through this exact situation last year and want to share what I learned. You can absolutely form an LLC while collecting unemployment - I did it and had no issues. The key is understanding the difference between forming the LLC (which is just legal paperwork) and actually operating the business. NYS Department of Labor doesn't care about the paperwork part, but once you start doing any work activities for the business, you need to report it on your weekly claims. My advice: file the LLC if you want to get that step done, but be very careful about any business activities until you're ready to potentially transition off unemployment. Also, keep detailed records of everything - dates, hours worked, any income, etc. The documentation saved me when I had questions later.