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.

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.

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!

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!

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.

One thing to add - make sure your cousin applies as soon as possible after his layoff. There's a one-week waiting period before benefits start, and you can't get paid for that first week. Also, he'll need to have his employer information ready (like his last day of work, reason for separation, etc.) when he files online at labor.ny.gov. The sooner he gets his claim in, the sooner he can start receiving those 26 weeks of benefits. Construction workers often have good wage histories so he should qualify for a decent weekly benefit amount.

Just to clarify something that might help your cousin - the 26 weeks is based on when you first file your claim, not when you actually start receiving benefits. So even with that one-week waiting period, he still gets the full 26 weeks of payable benefits within his benefit year. Also, since he worked construction, he should know that seasonal workers sometimes have different considerations, but with 3 years of steady work at the same company, that shouldn't be an issue for him. The key is to file immediately and keep up with the weekly certifications even if his first payment is delayed.