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I work in HR at a mid-size company and can confirm that many large employers do contest unemployment claims as a standard practice to protect their unemployment insurance rates. However, if you were terminated for reporting safety violations, that could actually strengthen your case since retaliation for safety complaints is prohibited under OSHA. Document everything - the safety issues you reported, when you reported them, who you reported to, and the timeline of your termination. NYS DOL adjudicators do consider whether the termination was retaliatory. Two weeks isn't unusually long for adjudication when there's a contest, but stay on top of submitting any requested documentation promptly.
This is really helpful insight from the HR perspective! I did report the safety issues about 3 weeks before my termination - there were broken pallets stacked unsafely in the stockroom that I flagged to my supervisor via email. The timing does seem suspicious now that you mention retaliation. Should I specifically mention the OSHA angle when I submit my documentation to NYS DOL, or will they recognize that connection themselves during the adjudication review?
Definitely mention the OSHA retaliation angle explicitly in your documentation! While adjudicators are trained to spot these patterns, you shouldn't assume they'll connect the dots on their own. Include a clear timeline showing: (1) when you reported the safety hazard, (2) any follow-up or lack of action from management, and (3) the proximity of your termination to the safety complaint. The closer these events are in time, the stronger your retaliation argument becomes. Also keep copies of everything you submit - if Walmart escalates this to an appeal hearing, having organized documentation will be crucial.
From my experience working with unemployment cases, Walmart and other large retailers do systematically contest claims to keep their unemployment insurance rates low. However, your situation with the safety complaint timing could actually work in your favor. The fact that you were terminated just weeks after reporting unsafe conditions creates a pattern that NYS DOL adjudicators are trained to recognize as potential retaliation. Make sure to submit those photos and emails you mentioned - they're crucial evidence. Also, don't let the 2-week adjudication period worry you too much. When employers contest with documentation, it typically takes 3-6 weeks for a decision. Keep filing your weekly certifications during this time and stay organized with your evidence in case it goes to an appeal hearing.
This is really reassuring to hear from someone with experience in unemployment cases! I was starting to panic that 2 weeks meant something was wrong. I've been keeping up with my weekly certifications like you mentioned. One question - when you say "stay organized with your evidence in case it goes to an appeal hearing," what exactly should I be preparing? Should I create some kind of timeline document, or is it better to just keep the original emails and photos separate? I want to make sure I'm as prepared as possible if Walmart does push this to a hearing.
I was in a similar situation last year - got terminated from a warehouse job for not meeting picking rates after about 6 months. Like you, I had verbal warnings but no formal write-ups or improvement plans. I filed for unemployment immediately and was approved within about 10 days. The key thing is that NYS Department of Labor looks at whether you were willfully not performing versus just struggling to meet expectations. Since you were trying but couldn't hit the quotas, that's not misconduct. My advice is to file ASAP and be completely honest about the reason for termination. Don't try to sugar-coat it - just explain that you were terminated for not meeting production standards despite your efforts. The waiting can be stressful but most performance-related terminations get approved. Good luck!
This is really encouraging to hear! I'm glad you got approved so quickly. Did your employer try to contest your claim at all? I'm wondering if I should expect pushback from my company since they seemed pretty firm about the performance issues when they let me go. Also, when you say be completely honest - should I use their exact words about "not meeting production quotas" or phrase it differently?
I work as a benefits counselor and deal with NYS Department of Labor cases regularly. Performance-related terminations have a very high approval rate for unemployment benefits. The fact that you only received verbal warnings and weren't put on a formal improvement plan actually works in your favor - it shows the employer didn't follow progressive discipline. When you file, be straightforward: "terminated for not consistently meeting production quotas." Don't overthink the wording. The department will focus on whether you were making a good faith effort to do your job, which it sounds like you were. File immediately since benefits are backdated to your filing date, not your termination date. Most performance cases I see get approved within 1-2 weeks unless there are complicating factors.
Wow, reading through all these responses really shows how broken the NY unemployment system is. I'm dealing with something similar - ID.me verified me back in June and I'm still stuck in "pending" hell. It's insane that we all have to become experts in navigating bureaucracy just to get benefits we've paid into. From what everyone's saying, it sounds like the ID.me verification is just step one, and there can be multiple invisible holds on your account that only phone reps can see. Since you got that email about potential identity theft, you probably have a fraud flag that needs manual review. I'm definitely going to try that claimyr service everyone keeps mentioning - seems like it's worth the cost if it actually gets you through to a human. Also had no idea about contacting state senators until reading this thread. OP, don't give up! The system wants us to quit but we're entitled to these benefits. Keep certifying weekly and try every avenue people have suggested. This thread has been more helpful than months of trying to navigate the DOL website. We're all in this together!
Absolutely this! The whole thread has been like a masterclass in dealing with NY unemployment bureaucracy that nobody warns you about. It's wild that we all have to share these "hacks" just to access our own money. I'm in the same boat - verified through ID.me months ago and still nothing. Going to try the claimyr service and senator contact approach based on everyone's advice here. It shouldn't take a Reddit thread to figure out how to navigate a government system, but here we are. Thanks to everyone for sharing their experiences - feels way less isolating knowing we're all fighting the same broken system together.
This whole thread is incredibly eye-opening and frustrating at the same time. I'm a newcomer here but going through something very similar - ID.me verified me back in early August and I'm still stuck in that "pending" status with zero communication from DOL. Reading everyone's experiences makes it clear this isn't just bad luck, it's a systematically broken system designed to wear us down. What really gets me is that we're all having to crowdsource solutions to access benefits we've literally paid into through our paychecks. The fact that ID.me verification is apparently just the first step, and there can be multiple invisible holds that only phone reps can see, is absolutely ridiculous. No wonder so many people give up. I'm definitely going to try the claimyr service and contact my state senator based on all the success stories here. It's wild that these "hacks" aren't officially communicated anywhere. Thank you to everyone who took the time to share detailed advice - this thread has been more helpful than months of trying to navigate the DOL website on my own. OP, I really hope you get this resolved soon. The eviction threat adds such unnecessary stress to an already impossible situation. Keep fighting - we're all rooting for you!
Welcome to the club nobody wants to be in! Your experience sounds exactly like mine - ID.me verified months ago and then radio silence. It's honestly both reassuring and infuriating to see how common this is. The system really does seem designed to make us give up, but threads like this give me hope that there are actual solutions. I'm planning to try the claimyr service tomorrow morning and also reach out to my state senator's office. Never thought I'd need to become a bureaucracy expert just to get my own unemployment benefits, but here we are. Thanks for adding your voice - the more we share these experiences, the clearer it becomes that this isn't our fault, it's a broken system. Hoping we all get through this soon!
Most employers just confirm the separation details honestly. The ones who fight every claim usually get flagged by NYS Department of Labor for review. Companies know that fighting legitimate layoffs just wastes everyone's time and can hurt their relationship with the unemployment office for future issues.
Just went through this process myself a few months ago when my retail job was eliminated. The employer response thing stressed me out too, but it turned out to be pretty straightforward. NYS Department of Labor sent my former employer the paperwork, they confirmed it was a layoff due to store closure, and my benefits were approved within 2 weeks. Since you mentioned it was a legitimate layoff due to budget cuts, you should be fine. Most employers won't waste time fighting claims they know are valid. Keep any documentation you have about the layoff just in case, but try not to worry too much about it!
Zara Rashid
This is such a valuable thread! I've been working part-time (about 25 hours/week) for the past month and was also confused about this exact question. Following everyone's advice, I've been answering "No" to returning to work and then reporting my hours and earnings accurately. One thing I learned the hard way - make sure you report earnings for the week you WORKED, not the week you got paid. I made that mistake my first week and it threw off my benefit calculation. Also, if anyone is wondering about the timing - I usually get my reduced benefit payment 2-3 days after certifying, same as when I was getting full benefits. The system seems to process partial benefits just as quickly as regular claims. Thanks to everyone who shared their experiences here, especially the detailed breakdown of the 4-day rule and earnings limits!
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Dananyl Lear
•This is exactly the kind of detailed, practical advice that makes this community so valuable! The timing issue about reporting earnings for the week worked vs. the week paid is such an important point - I can see how that would mess up the calculations. I'm bookmarking this entire thread for reference since I might be starting a part-time job soon and want to make sure I handle the certification correctly from day one. It's reassuring to hear that the partial benefit processing time is the same as regular claims too. Thanks for sharing your real-world experience with this!
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Nathaniel Stewart
This thread has been incredibly helpful! I'm actually in the exact same boat - just started a part-time retail job (22 hours/week) and was completely confused about the certification process. The way everyone explained the difference between "returning to work" (full-time) vs "working during the week" (part-time) finally makes it click. I've been stressing about this for two weeks! One additional tip I discovered - if you're unsure about any of your previous certifications, you can actually view your certification history in your NY.gov account under "View Payment History." It shows exactly how you answered each question and what earnings you reported. This helped me double-check that I'd been doing it correctly. Also, for anyone else who might be starting part-time work soon, I found it helpful to call your new employer ahead of time to understand exactly when and how they report your hours - some places are better than others at providing clear paystubs that show your gross earnings before deductions. Thanks again to everyone who shared their experiences here - this is exactly the kind of real-world guidance that's impossible to find on the official NYSDOL website!
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Julian Paolo
•Thanks for sharing the tip about checking the certification history - I didn't know that feature existed! That's really useful for double-checking previous answers. I'm also glad to hear I'm not the only one who found the official NYSDOL website confusing. The community knowledge here is so much more practical than trying to decode their official guidance. Your point about calling the employer ahead of time is smart too - I wish I had thought of that before I started my part-time job. It would have saved me some confusion about how to calculate my gross earnings properly.
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