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Have you considered talking to a lawyer about workplace harassment first? Sometimes threatening legal action can improve the situation without you having to quit.
I went through something similar about 6 months ago. The key thing NYS Department of Labor looks for is whether you made "reasonable efforts" to resolve the situation before quitting. In my case, I had to show that I complained to HR in writing, requested a transfer, and documented specific incidents with dates and witness names. I also had to prove that the working conditions were "so intolerable that a reasonable person would have been compelled to resign." It's a high bar, but not impossible if you build a solid paper trail. Start documenting everything now - emails, incidents, witnesses, and any attempts you make to address the issues through proper channels. Good luck!
This is really helpful, thank you! Can you clarify what you mean by "reasonable person would have been compelled to resign"? I'm wondering if constant criticism and unreasonable demands would meet that standard, or if it needs to be more severe like harassment or discrimination? Also, when you say witness names - did you need coworkers to actually testify or was it enough to just mention who was present during incidents?
honestly the NYS Department of Labor makes this way too complicated... i just called them directly to ask about my benefit amount when i filed. took forever to get through but they calculated it for me on the spot. you could also try using one of those third party services that help you get through to agents faster
What service did you use? I've been trying to call for days and either get disconnected or the line is busy. Really frustrating when you just need a simple answer about your benefit calculation.
I used this thing called Claimyr (claimyr.com) that basically calls for you and gets you connected to an actual NYS Department of Labor agent. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling and getting hung up on.
Just a heads up - even if you calculate what you think you should get, sometimes the NYS Department of Labor comes up with a different number based on wages they have on file vs what you think you earned. I thought I'd get around $480 based on my calculations but ended up getting $421 because one of my employers didn't report all my wages correctly.
Oh great, another thing to worry about. How did you find out about the wage reporting issue? Did you have to appeal or anything?
@Ezra Bates that s'exactly what I m'worried about! How long did it take to get that sorted out? I m'already stressed about being laid off and now I m'wondering if my employers reported everything correctly. Did you have to provide your own pay stubs or tax documents to prove what you actually earned?
I went through a similar situation last year! My employer kept insisting they were too small to pay unemployment taxes, but when I filed anyway, NYS Department of Labor discovered they had actually crossed the threshold and owed contributions. The key thing to remember is that the $300 wage threshold and 4+ employee rules can change throughout the year - so an employer who starts exempt might become liable partway through. Don't let your employer's assumptions stop you from filing. The worst that happens is they confirm you're not eligible, but you might be pleasantly surprised when the state does their own investigation.
That's exactly what happened with my sister too! Her employer was convinced they didn't have to pay because they were "just a small shop" but it turned out they had hit the thresholds during busy seasons and never realized it. The investigation process took a few weeks but she ended up getting all her back benefits. It's really encouraging to hear these success stories - makes me feel better about filing even when there's uncertainty about employer status.
I want to emphasize something important that others have touched on - don't rely solely on what your employer tells you about their exemption status. Many small business owners aren't fully aware of the nuances in NY unemployment insurance law. For example, if they had 4+ employees for even one quarter during the year, or if they paid $300+ in wages in any quarter, they likely should have been contributing. Also, if the business has multiple locations or related entities, that can affect their total employee count. The NYS Department of Labor has access to payroll records and tax filings that will give them the full picture. I'd definitely recommend filing your claim - the department will do a proper investigation and determine the facts. Even if this employer was truly exempt, as others mentioned, your work history from other jobs might still qualify you for benefits.
I'm dealing with this exact same problem right now! Been searching through all my paperwork for days and I'm starting to think they never sent me the PIN at all. When I filed my initial claim online, I don't remember seeing any 8-digit number displayed on the final confirmation page - just my claim number. Has anyone successfully gotten through to NYS DOL recently to request a PIN reset? I'm worried about missing my weekly certification deadline while trying to figure this out. The whole system seems designed to make it as difficult as possible to actually access your benefits.
I feel your frustration! I went through the same thing last month. If you filed online and didn't get the PIN on the confirmation screen, it's likely in the mail somewhere but might be on a separate small paper or on the back of forms like others mentioned. For the weekly certification deadline, you can usually certify by phone using the Tele-Serv system once you get your PIN, but you're right that the timing is stressful. I'd suggest calling first thing Monday morning around 8 AM - that's when I had the most luck getting through. Also keep checking your mail daily since sometimes there are delays in their mailings. Don't give up, you'll get this sorted out!
I went through this exact same frustration a few months ago! The 8-digit PIN is definitely one of the most confusing parts of the NYS DOL system. In my case, it turned out the PIN was printed on a tiny perforated stub attached to one of the forms - almost like a tear-off receipt. I had actually thrown it away thinking it was just extra packaging! If you've thoroughly checked all your paperwork and still can't find it, don't panic about the weekly certification deadline. You can file for an extension if you miss it due to system access issues, but you'll need to call and explain the situation. One thing that helped me was organizing all the DOL paperwork by date received and going through each piece systematically. Sometimes they send the PIN information separately from the main determination letter, so it might arrive a few days later. The key is to keep calling early in the morning until you get through - persistence really does pay off with their phone system.
Javier Torres
I'm going through the exact same thing right now! Filed my claim on September 30th and got those two letters within the first week, but it's been radio silence since then. The waiting is absolutely killing me - I keep refreshing my payment history page hoping something will magically appear. Reading through everyone's experiences here is both reassuring and terrifying at the same time. It sounds like 3-4 weeks is the new normal, which means I've still got another week or two to go. Has anyone had luck calling early in the morning or later in the evening to get through to someone?
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Natasha Petrova
•Hey Javier! I've been trying different times too and honestly haven't had much luck. Early morning (like 8-8:30am) seems slightly better than midday, but still mostly busy signals. I read somewhere that Tuesdays and Wednesdays might be less busy than Mondays, but who knows if that's actually true. The whole system is just overwhelmed right now. At least we know we're not alone in this nightmare waiting game! Keep me posted if you manage to get through - I'm curious if they'll give us any real updates on our claims.
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Natasha Petrov
I'm in a similar situation - filed September 22nd and got those same initial letters but nothing since! The waiting is so nerve-wracking, especially when you're trying to budget with no idea when payments will actually start. I've been keeping detailed notes of all my certification dates and checking the payment history obsessively. One tip I found helpful: I set up text alerts through my bank so I'll know immediately if any deposits come through. Also been screenshotting everything in case I need proof later. It's frustrating that there's no clear timeline or status updates, but reading everyone's experiences here makes me feel less alone in this process. Fingers crossed we all see some movement soon!
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