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You got this! Appeals are winnable if you have the right evidence. I won mine by showing the company's story didn't match the timeline of events.
I went through this exact situation 8 months ago - also got wrongly labeled as "misconduct" when it was clearly a layoff. The appeal hearing was actually straightforward once I had my documentation ready. Make sure to get a copy of your employee handbook too, especially any sections about disciplinary procedures. If they didn't follow their own progressive discipline policy before terminating you, that's strong evidence it wasn't misconduct. Also, if other employees were let go around the same time, try to get their contact info as potential witnesses. The judge will want to hear about the broader context of company layoffs, not just your individual case. Don't let the 30-day deadline stress you out - as long as you file on time, you'll get your chance to present your side.
This is really helpful! I didn't think about getting the employee handbook - that's a great point about the progressive discipline policy. My company definitely didn't follow any kind of warning system before letting me go. Did you have to represent yourself at the hearing or did you get a lawyer? I'm wondering if I should try to find legal help or if most people just handle it on their own.
Here's what I learned the hard way: NY unemployment doesn't care about your business struggles - they only care if you're available for full-time work. If you tell them you're still trying to save your business while looking for jobs, they'll deny you. You need to be crystal clear that your business is effectively closed (even if legally still exists) and you're 100% available for full-time employment.
Been lurking here for a while but finally creating an account to share what worked for me. I was in almost the exact same situation with my catering business in 2023 - spent years building it up, then supply costs killed my margins and I couldn't pay myself for months. The key insight that saved me: you CAN get unemployment as a business owner IF you've been paying yourself W-2 wages and UI taxes (which it sounds like you have). The trick is formally laying yourself off from your own business while being genuinely available for full-time work. I kept my LLC active but stopped all operations and client work. Document everything - the date you stopped working, your job search efforts, financial records showing no income. Most importantly, when you apply, be very clear that your business operations have ceased and you're seeking full-time employment. Don't mention trying to "save" the business - that signals you're not fully available for work. I know it feels like giving up on your dream, but you can always restart operations later when you're financially stable. The unemployment benefits gave me breathing room to find a good job, and now I'm actually planning to restart my catering business as a side venture. Hang in there - 9 years of experience doesn't just disappear!
This is incredibly helpful and gives me hope! I'm in almost the exact same boat with my woodworking shop. The part about formally laying myself off while keeping the LLC active is brilliant - I never thought about structuring it that way. Just to clarify, when you say you stopped all operations, did that mean you couldn't even do basic maintenance on equipment or respond to potential customer inquiries? I'm trying to understand exactly where the line is drawn between "ceased operations" and maintaining the business entity.
@Natasha Volkov Great question about where exactly the line is! From my experience, basic administrative stuff like checking business emails, maintaining equipment, or even responding to inquiries with we "re'not taking new projects right now was" generally okay. The key is NO income-generating work and being genuinely available for full-time employment. I actually asked the unemployment agent directly about this during my call took (forever to get through! and) they said occasional maintenance or administrative tasks don t'disqualify you as long as you re'not actively working for clients or trying to generate revenue. Just document everything and be transparent about any business-related activities during your weekly certifications.
Ok everyone, I FINALLY got through this morning at 8:02am! The wait was only 17 minutes instead of 2+ hours. The issue was that they needed additional verification for my identity (exactly what you mentioned @user7). They're sending me a link to upload documents. Thank you all for your help and suggestions!
Congrats on getting through @Maya! That's such a relief after all that frustration. For anyone else still struggling - I've had success with the early morning strategy too. Also wanted to add that if you're dealing with identity verification issues, make sure your documents are recent (within the last 6 months) and that all text is clearly readable. I had to resubmit mine twice because the first photos were too blurry. The whole process took about 10 business days once I got the documents right.
That's really helpful about the document requirements! I didn't know they had to be within 6 months - that might explain why some people have issues. Quick question: did you upload everything through the email link they sent, or did you also use the message center in your NY.gov account? I'm trying to figure out the best way to submit documents when my verification email comes through.
I'm dealing with a similar situation right now and this thread has been incredibly helpful! One thing I wanted to add - if anyone else is reading this and facing the same problem, make sure you check if your state has any "good cause" exceptions for work search requirements. Sometimes life circumstances (like lack of transportation, caring for family members, or technical issues with job sites) can be valid reasons for not meeting the exact requirements. Also, I noticed some people mentioned using online services to get through to unemployment offices - just be careful about giving personal info to third-party services. The official NYSDOL website has a callback feature that might be safer to try first. Kaiya, I'm rooting for you in your appeal! The fact that you were genuinely trying to find work and have documentation should work in your favor.
Thank you so much for the additional tips about "good cause" exceptions - I hadn't heard about those before! I'll definitely look into that on the NYSDOL website. You're absolutely right about being careful with third-party services too. I did try the official callback feature but it said there was a 3+ day wait, which is why some people mentioned the other options. I really appreciate all the support from everyone here - it's been overwhelming trying to figure this out on my own, but reading about other people's experiences and successes gives me hope that I can get through this appeal process successfully!
I've been following this thread and wanted to share something that might help others avoid this situation in the future. I learned the hard way that NY has very specific requirements about HOW you document your work search activities. It's not enough to just do them - you need to log them correctly in their system. When you certify for benefits each week, there's a section where you have to enter your work search activities. Many people (including me initially) would just check "yes" that they did their searches without filling in the detailed information for each activity. The system actually tracks whether you're providing specific details like employer names, dates, and method of contact for each search. Also, if you're applying through job boards like Indeed or LinkedIn, make sure to keep the confirmation emails or screenshots showing the date and time you applied. Some employers don't respond to applications through these platforms, so the DOL might question whether your application was actually received. The good news is that the appeals process really does work if you have your documentation together. I've seen people win even when they made honest mistakes about the requirements. The key is showing that you were genuinely trying to find work and not just gaming the system.
Ana Erdoğan
Update us when you get this resolved! Were you able to reach someone at NYSDOL? The base period recalculation explanation sounds most likely, but it's important to confirm. Sometimes there can be multiple issues affecting your benefit amount simultaneously.
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Sarah Ali
•I finally got through this morning after using that Claimyr service (which worked really well, btw). The rep confirmed it was exactly what you all suggested - a base period recalculation due to the quarter change. Apparently my highest earning quarter from last year dropped out of the calculation window, and was replaced with a lower-earning quarter. The frustrating part is they said a notice WAS sent to my online message center, but it never showed up. The rep said that happens sometimes with automated notices and they're "working on the system issue." At least now I understand what happened. Thanks everyone for your help!
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Isabel Vega
Wow, thanks for updating us @Sarah Ali! I'm so glad you got this figured out and that Claimyr service actually worked. This whole thread has been super educational - I had no idea about the base period recalculation thing. It's crazy that NYSDOL doesn't explain this better upfront. Like, they should send a clear notice saying "Your benefits are changing because we're now using different quarters to calculate your amount" instead of just... reducing it with no explanation. At least now if this happens to me or others, we'll know what to look for. Sorry you're dealing with the reduced amount but glad the mystery is solved!
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Santiago Diaz
•This is such valuable information! I'm new to this community and just started collecting unemployment benefits in NY last month. Reading through this whole thread has been eye-opening - I had no idea about these quarterly recalculations. @Sarah Ali thanks for sharing your experience and the update! It s'really helpful to know about the Claimyr service too since getting through to NYSDOL seems to be such a nightmare. I m'going to bookmark this thread in case something similar happens to me. It s'ridiculous that they don t'explain these automatic changes better - seems like basic customer service to notify people why their benefits suddenly drop!
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