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File immediately and don't overthink the terminology. Whether they called it fired, laid off, or restructuring, if you weren't terminated for misconduct (stealing, fighting, not showing up), you should qualify for benefits. The key is that you lost your job through no fault of your own.
Don't let the word "fired" scare you - what matters is the actual circumstances, not the terminology your manager used. Since they explicitly told you it was due to "restructuring" and "position elimination," that's a separation due to lack of work, which makes you eligible for unemployment benefits. The fact that they hired someone new recently might actually work in your favor if NYS Department of Labor investigates, as it shows the "restructuring" claim might not hold up. File your claim online today and be truthful about everything - report that your employer said your position was eliminated due to restructuring. You've got nothing to worry about based on what you've described.
Keep in mind that reviews often happen when there's conflicting information between what you reported and what your former employer reported. Make sure you have documentation ready - pay stubs, termination letter, any emails about your separation. If they determine you were terminated for misconduct or quit without good cause, you could be disqualified. But if it's just a routine verification, you should be fine once they complete the review process.
I went through this exact same situation last year and it's definitely nerve-wracking. In my case, the review took about 4 weeks and turned out they were just verifying my employment dates with my former employer. The good news is that once it was resolved, I received all the back payments for the weeks I had certified during the review period. My advice would be to keep documenting your job search activities thoroughly - save screenshots of applications, keep a log of contacts with employers, etc. This will be helpful if they ask for proof of your work search efforts. Also, don't stop filing your weekly certifications even though you're not getting paid yet - this is crucial for getting your back pay once the review is complete. Hang in there, it's frustrating but most reviews do get resolved eventually.
For the original poster - if this drags on past 10 business days, definitely escalate. Sometimes pending payments get stuck in the system due to random flags or if there was any employer response to your separation that needs review. The key is getting to speak with someone who can look at your specific case rather than getting generic responses.
Thanks for the advice. I'm going to give it until Monday (which would be day 10) and then try that Claimyr service someone mentioned if I still can't get through on my own.
I'm dealing with something similar right now - filed my weekly claim on Sunday and it's been pending for 4 days. This is my first time experiencing a delay like this since I started collecting benefits 2 months ago. Reading through these responses, it sounds like anywhere from a week to 10+ days isn't unusual. Really hoping it resolves soon because I have rent due next week. The uncertainty is almost worse than the actual delay.
One last piece of advice - if your family member does end up in this situation and needs to apply for unemployment benefits, documentation and timing are absolutely critical. Make sure they: 1. Don't formally resign - instead, they should clearly communicate in writing that they are not accepting the substantially reduced compensation offer 2. Apply for benefits immediately after the last day of work 3. Be prepared to appeal if necessary (many of these cases get denied initially but approved on appeal) 4. If they have trouble reaching a live person at the NYSDOL (which is unfortunately common), consider using a service that helps you get through the phone systems 5. Consider consulting with an employment attorney before making any final decisions, especially with 25 years of service involved Best of luck to your family member - company acquisitions are always stressful, but knowing your rights helps tremendously.
I'm dealing with a similar situation right now! My company was just acquired and they're restructuring everything. One thing I learned from my union rep is that if your relative is in a union, they should definitely check their collective bargaining agreement - sometimes there are specific protections for situations like this that people don't even know about. Also, I've heard that keeping detailed records of ANY communication about the buyout is important. Even informal conversations with managers should be documented with dates and what was said. If they end up needing to prove their case later, having a timeline of events can be really valuable. The whole process is super stressful but it sounds like there are definitely options available if the worst-case scenario happens. Fingers crossed the new company doesn't cut salaries as much as the rumors suggest!
Zainab Yusuf
Make sure you get confirmation that your withdrawal was processed! I know someone who thought they withdrew but the hearing still happened and they got penalized for not showing up. Always get everything in writing with NYS Department of Labor.
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Gabriel Ruiz
I went through something similar last year. You definitely want to get your withdrawal request in writing - don't just call. I sent an email to the Appeals Office with my case number and a clear statement that I wanted to withdraw my appeal. They responded within a few business days confirming the withdrawal. Just make sure to keep copies of all correspondence for your records. The withdrawal doesn't create any negative marks beyond what you already had from the original disqualification.
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