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I went through this exact same situation about 6 months ago. My employer appealed even though I was clearly laid off due to company restructuring. What I learned is that some companies have policies to automatically appeal all unemployment claims regardless of the circumstances - it's just a business decision to try to keep their tax rates low. The hearing process was actually pretty straightforward once I got through it. The administrative law judge was fair and I had my layoff documentation ready. Just stay organized with your paperwork and don't let it stress you out too much - if you were legitimately laid off, the appeal likely won't succeed.
Thanks for sharing your experience Giovanni! It's reassuring to hear that the judge was fair in your case. Did your employer show up to the hearing or did they just file the paperwork and hope for the best? I'm trying to prepare myself for what to expect.
@Giovanni Moretti That s'really helpful to know about the automatic appeal policies - I had no idea some companies do that routinely. It makes me feel less like they re'targeting me personally. How long did the whole process take from when you got the appeal notice to when it was resolved? And did you continue getting benefits during the appeal period?
I'm dealing with a similar situation right now - my former employer just appealed my approved benefits too. From what I've researched, you should definitely keep filing your weekly claims unless NYS Department of Labor specifically tells you otherwise. I've been documenting everything related to my layoff just in case, including any company-wide emails about budget cuts or restructuring. It's frustrating that employers can basically challenge legitimate claims as a business strategy, but from what others have shared here, it sounds like the hearing process is fair if you have proper documentation. Has anyone here had experience with what kinds of questions they ask during the hearing?
@Malik Thompson I haven t'been to a hearing yet since I just got my appeal notice, but from what I ve'read online they typically ask about the circumstances of your separation from employment. Like whether you quit voluntarily, were fired for misconduct, or were laid off. They might also ask about any job offers you received or refused, and your efforts to find new work. I m'planning to bring copies of my layoff notice, any emails about the budget cuts, and my final paycheck stub showing the separation reason. It s'definitely nerve-wracking but everyone here seems to think legitimate layoffs usually win these appeals.
THE WHOLE SYSTEM IS A MESS! They ask for pay stubs then half the time they can't even process them correctly. I submitted 6 pay stubs and they still put my claim in adjudication for 'wage verification' issues. Been waiting 5 weeks now with no answers!
From my experience filing in NYS, you'll definitely want to have your most recent 4-6 pay stubs ready, but also keep any documentation from previous employers within the past 18 months just in case. The system calculates your benefit based on your highest earning quarter during that base period, so having comprehensive records helps avoid delays. I'd also recommend scanning everything and keeping digital copies since the online portal can be finicky with uploads sometimes. Don't stress too much about having the exact number - they'll tell you if they need additional documentation during the review process.
This is really helpful advice! I didn't think about keeping digital copies - that's a great tip since I've heard the upload system can be glitchy. Quick question: when you mention the "highest earning quarter," does that mean they look at which 3-month period I made the most money, or is it based on calendar quarters like Jan-Mar, Apr-Jun, etc.?
Keep checking your my.ny.gov account daily and make sure your contact info is updated. Sometimes they send important notices that you might miss. Also double check that you're filing your weekly claims correctly - if you miss even one week it can mess up your whole claim timeline.
Two weeks is still within normal range, but I totally understand the anxiety when you're behind on rent. One thing that helped me was setting up text alerts through my.ny.gov so I'd get notified immediately if there were any updates to my claim status. Also, if you're really struggling financially while waiting, look into local emergency assistance programs - many counties have rent assistance that can help bridge the gap while you're waiting for unemployment to kick in. The waiting is the worst part, but hang in there.
Just wanted to jump in and say I feel your pain. Been freelancing for 5 years and the feast or famine cycle is real. I've basically had to become my own insurance company at this point.
Have you considered looking into the Freelancers Union? While they can't get you into the NYS Department of Labor unemployment system, they do offer some benefits and resources specifically for independent contractors. They have health insurance options and sometimes advocate for policy changes that could help freelancers in the future. Also, if you're doing graphic design, you might want to check if there are any creative industry organizations that offer emergency grants or short-term financial assistance during slow periods. It's not the same as UI, but it's something. The lack of a safety net is definitely one of the biggest downsides to freelancing in NY.
Thanks for mentioning the Freelancers Union! I hadn't heard of them before. Do you know if their benefits are actually affordable for someone with irregular income? I've been burned by "freelancer-friendly" insurance before where the premiums were way too high for lean months. The emergency grants idea is interesting too - I wonder if there are any NY-specific programs like that for creative freelancers.
Ellie Simpson
I just want to say thank you to everyone who contributed to this thread! As someone who's never filed for unemployment before, the base period calculation seemed really confusing at first, but all these explanations have made it so much clearer. The key takeaways I'm getting are: - NY looks at 5 quarters but only uses 4 for the calculation - They automatically calculate both Standard Base Period (skips most recent quarter) AND Alternate Base Period (includes most recent quarter) - They give you whichever calculation results in a higher weekly benefit - Make sure to list ALL employers from the past 18 months when filing - Check your wage history on NY.gov before filing to catch any errors I feel much more confident about filing my claim now. It's also good to know about that Claimyr service if I need help getting through to speak with someone. Really appreciate this community for breaking down such a complex topic in plain English!
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Katherine Shultz
•You're so welcome! This community is really great for breaking down confusing government processes. I was in the same boat when I first had to deal with unemployment - the official websites make everything sound so complicated with all the legal language. One small addition to your excellent summary: remember that quarters are always calendar quarters (Jan-Mar, Apr-Jun, etc.), not based on when you started working or filed. That tripped me up initially because I was thinking about it like a rolling 12-month period. Sounds like you've got a solid plan for filing your claim. Wishing you the best with your job search too!
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Omar Hassan
I just want to add one more practical tip that helped me when I filed last year - if you're unsure about any of your employment dates or earnings amounts when filling out the application, it's better to be as accurate as possible rather than guessing. The system will verify your wages anyway through employer reports, so if you put down incorrect information, it just creates more work later to fix discrepancies. I kept a simple spreadsheet with my employment dates, gross wages per quarter, and employer info before I started the application, which made the whole process much smoother. Also, don't panic if your claim shows "pending" for a while after you submit it - that's normal, especially if you had multiple employers or recent job changes. The wage verification process can take 1-2 weeks, but you can start certifying for benefits right away even while it's pending. Hope this helps and good luck with your claim!
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ApolloJackson
•That's really excellent advice about keeping accurate records! I never thought about creating a spreadsheet beforehand, but that makes so much sense. It would definitely be faster than trying to remember dates and dig through old pay stubs while filling out the application. I'm going to set that up before I file - it'll probably save me a lot of stress and potential errors. Thanks for the tip about the pending status being normal too. It's good to know I can start the weekly certification process even while they're verifying wages.
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