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Just a heads up, they changed some policies last month. Make sure you're up to date on the latest requirements for fair hearings. The DOL website should have the info.
I'm in the same situation right now - just submitted my fair hearing request last week. Reading through everyone's experiences here is both helpful and terrifying 😅 The range from 6 weeks to 5 months is crazy! I'm definitely going to start documenting everything like Paolo suggested. Has anyone had success with the online portal for checking status updates, or is calling really the only way to get info?
The whole appeals process is just another way for them to delay paying out benefits. I went through it twice and lost both times even though I had evidence. NYS Department of Labor hearing officers seem to side with employers most of the time.
That's not been my experience or what I've heard from others. The hearing officers are supposed to be neutral and many do overturn initial decisions when the evidence supports it.
I work as a paralegal and have helped several people with unemployment appeals in NY. The success rate really varies by case type, but I'd estimate around 35-40% get overturned or modified. For misconduct cases specifically, you'll want to focus on proving that your actions didn't rise to the level of willful misconduct that would disqualify you from benefits. Those emails you mentioned showing targeting could be really valuable evidence. The appeals process usually takes 4-8 weeks, and you can represent yourself or bring someone to help. Even if the odds aren't perfect, if you believe you have a valid case it's definitely worth pursuing - the worst that happens is you're in the same position you're in now.
This is really helpful advice! I'm curious - when you say "willful misconduct," what exactly does that mean in NY? I'm dealing with a similar situation where my employer is claiming I was insubordinate, but I feel like I was just standing up for myself against unfair treatment. How do hearing officers typically distinguish between personality conflicts and actual misconduct?
I was in a similar situation earlier this year and can confirm you absolutely qualify for a new claim! Since you worked April-October 2023, that's definitely within the 18-month lookback period and you have enough quarters of work history. The tricky part is navigating their terrible online system. Here's what worked for me: - File as a completely NEW claim (don't try to reopen your 2022 claim) - Have your exact employment dates and total earnings from the warehouse job ready - When describing your separation, use "lack of work" or "reduction in hours to zero" rather than "fired" - If the website keeps crashing, try using an incognito/private browser window Your benefit amount will be calculated based on your warehouse wages, not your old retail job, so it might be different than what you got before. But if you worked decent hours for those 6 months, you should still qualify for a reasonable amount. The system is frustrating but don't give up - you paid into unemployment insurance and you earned these benefits through your work. Persistence is key with the NY system unfortunately.
This is super helpful! I've been stressing about this for days thinking I might have to start from scratch or that my old claim would somehow interfere. The tip about using incognito mode is clutch - I didn't even think of that. Quick question though - do you remember how long it took for your first payment to come through after you filed the new claim? I'm trying to budget while I figure this all out.
I went through this exact situation about 6 months ago! You definitely qualify for a new claim since you worked from April-October 2023. That's well within the 18-month lookback period and gives you solid work history. Here's what I learned the hard way: - File a completely NEW claim, not a reopened one (your 2022 benefit year is over) - Have your warehouse job details ready: exact start/end dates, employer info, total wages earned - When they ask about job separation, say "lack of work" or "hours reduced to zero" - avoid saying "fired" - Your benefit amount will be based on your warehouse wages, so it might be different than your 2022 claim The online system is absolutely terrible. I got stuck in those same loops you mentioned. What finally worked was clearing my browser cache completely and trying in an incognito window. If that doesn't work, calling early morning (like 8am sharp) gives you the best chance of getting through. Don't let the system discourage you - you worked and paid into unemployment insurance, so you've earned these benefits. The process is frustrating but you should definitely qualify based on your work history. Good luck!
Thanks for sharing your experience! This gives me a lot of hope. I've been worried that somehow my old claim from 2022 would mess things up, but it sounds like filing a completely new one is the way to go. Did you run into any issues with the state verifying your employment with your former employer? I'm a little concerned my warehouse might be slow to respond since they just let a bunch of us go at the same time.
omg yes the payment timing is SO confusing!! i thought i was getting paid for the current week and couldn't understand why my first check was taking forever lol. also found out the hard way that if you mess up your weekly claim you have to wait until the next week to fix it, there's no going back and editing
Correct, once submitted you cannot edit that week's claim. If you made an error, you should call NYS Department of Labor to report it rather than waiting. Small mistakes usually don't cause major issues but it's better to be proactive.
@Sasha Ivanov is absolutely right about calling if you make an error. I learned this the hard way when I accidentally reported earnings from the wrong week and it flagged my account for review. Took 3 weeks to sort out because I didn t'call immediately. The phone system is frustrating but it s'better than letting errors compound. Pro tip: keep notes of what you report each week so you can catch mistakes early.
Just went through this same confusion last month! The one-week delay really threw me off initially. One thing that helped me track everything was creating a simple spreadsheet with the filing date, week ending date, expected payment date, and actual payment received. Also, if you're worried about the timing, you can check your payment history in the my.ny.gov portal under "Payment History" - it shows the status of each week's claim (processed, pending, paid, etc.). This really helped me understand the pattern and catch when something was off with a particular week's claim.
That's such a great idea about the spreadsheet! I'm definitely going to set that up. I checked my payment history like you suggested and it shows my first claim as "processed" but no payment date yet. Does that mean it's still coming or should I be worried? Also, when you say one-week delay, does that include the first payment too or does the first one take even longer?
@Mei Wong That spreadsheet idea is brilliant! I wish I had thought of that when I first started. The processed "status" usually means your payment is in the pipeline and should hit your account within 1-2 business days. For the first payment, it typically takes an extra 2-3 business days beyond the normal timeline while they set up your payment profile, so don t'panic if it s'taking a bit longer than subsequent payments. I d'only start worrying if it s'been more than a week since it showed processed "status."
Amara Nnamani
Just make sure you update your address with PA immediately. I forgot to do that when I moved and it caused all sorts of problems with my payments getting delayed.
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Freya Andersen
I went through this exact situation last year when I moved from Ohio to NY. The key thing is to file your initial claim with Pennsylvania since that's where you worked and earned your wages. Once you have your PA claim established, you'll need to register with the NYS Department of Labor's job search system to fulfill any work search requirements. PA and NY have agreements in place that make this process smoother than it sounds. Just be prepared for some paperwork and make sure to keep both states informed about your job search activities. The good news is you don't lose your benefits just because you moved!
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Tasia Synder
•This is really helpful! I'm actually in a similar situation right now - just moved from California to NY and wasn't sure how the process would work. Did you have to do anything special to coordinate between the two states or did they handle most of the communication automatically once you registered with both? Also, how long did it take to get everything set up properly?
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