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@Gabriel Graham - you absolutely should not feel guilty about filing for unemployment benefits. As others have mentioned, this is insurance that you and your employer have both been paying into. Think of it like car insurance - you pay premiums hoping you'll never need it, but when you do need it, you shouldn't feel bad about using what you've paid for. Your supervisor's comment was inappropriate and unfair to you. The unemployment system exists specifically for situations like yours - when you lose your job through no fault of your own. File your claim as soon as possible since there can be a waiting period, and don't let anyone make you feel bad for accessing benefits you've earned.
@Zainab Ahmed Thank you for saying that - I really needed to hear it. You re'absolutely right that it s'like insurance we ve'all been paying into. I think my supervisor was just stressed about the layoffs in general and took it out on me, which wasn t'fair. I m'going to file my claim today and stop feeling guilty about using a system that s'designed exactly for this situation. It helps knowing that everyone here agrees this is what unemployment insurance is for.
From an employer's perspective, unemployment insurance works similar to workers' compensation - it's a mandatory business expense that's built into operational costs. In New York, employers pay UI taxes on wages up to $12,300 per employee (as of 2024). The rate they pay depends on their "experience rating" which looks at their claim history over a 3-year period. A company with frequent layoffs will have a higher rate than one with stable employment. But here's the key point - these taxes are paid regardless of whether claims are filed. When you file, it doesn't trigger an immediate payment from your employer. Instead, approved claims become part of their experience rating calculation for future years. So while there's eventually an indirect cost through potentially higher rates, there's no immediate financial hit when you file your claim.
File immediately but be prepared for a fight if your employer contests it. Document everything about your termination and those safety complaints. The adjudication process can be slow but if you were fired for speaking up about legitimate safety issues, that's probably not misconduct under NYS Department of Labor rules.
Just went through this same situation a few months ago. File your claim online immediately - don't wait! The NYS Department of Labor will send your employer a notice asking for details about your termination, and they have 10 days to respond. If they contest it, you'll get a determination letter explaining their decision. The fact that you complained about safety issues before being fired could actually help your case - retaliation for reporting safety concerns isn't considered misconduct. Keep any emails, texts, or documents related to your safety complaints. Good luck!
This is really helpful advice! I'm curious about the timeline - if the employer doesn't respond within those 10 days, does that automatically work in your favor? And when you say "retaliation for reporting safety concerns isn't considered misconduct," is that something that's explicitly stated in NYS Department of Labor guidelines, or more of a general principle they follow?
Wait so if you're disqualified you can still get benefits later if you win an appeal? I thought disqualification meant you were permanently banned from unemployment
The whole system is ridiculous. They disqualify people for the stupidest reasons and then make you jump through hoops to prove you deserve benefits you already paid into through your taxes. I got disqualified because they said I didn't look for work properly even though I submitted my job search log every week like they required.
I totally feel your frustration. The job search requirements can be really confusing and they don't always explain what counts as "proper" work search activities. Did you end up appealing that decision? It seems like if you were following their instructions and submitting the logs, that should have been sufficient proof of your work search efforts.
Hey Cole, I'm dealing with the exact same nightmare right now. Been laid off since January and my claim has been "under review" for 3 weeks. I've tried all the usual numbers and tricks but honestly what finally worked for me was using that Claimyr service people are mentioning. I was skeptical at first because it costs money and I'm already broke, but I figured my sanity was worth more than what they charge. Got connected to a real person in about 2 hours when I'd been trying on my own for literally weeks. The unemployment rep told me there's a massive backlog right now due to fraud prevention measures they put in place. My benefits got released 3 days after that call. Also definitely email your state senator like others suggested - that's a free option that actually works. Hang in there, the system is designed to frustrate us but don't give up!
Thanks Lourdes! It's crazy how broken this system is. I'm definitely going to try the state senator route first since it's free, and if that doesn't work I might have to bite the bullet on the callback service. Three weeks "under review" sounds exactly like what I'm dealing with. Did they tell you what specifically was holding up your claim when you finally got through?
Man, I feel for you Cole. I went through the exact same thing last month - laid off in January and couldn't get through to anyone for almost 3 weeks. The frustration is real when you're watching your savings disappear and can't get answers. I tried all the usual tricks (calling at 7:30am, different numbers, etc.) but what finally worked was a combination approach. First, I emailed my state senator's office explaining my situation - they actually responded within 24 hours and said they'd escalate it. At the same time, I bit the bullet and used that Claimyr service everyone's talking about. I was super skeptical because I'm already broke, but after wasting literally hours every day calling, I figured my time was worth more than what they charge. Got through in about 90 minutes and the rep told me my claim was flagged for identity verification (even though I never got notified). She cleared it up in one call and I got paid 2 days later. The combination of the senator's office pressure and actually reaching a human seemed to do the trick. Definitely try the free route first, but don't be afraid to explore other options if you're desperate. This system is intentionally broken to discourage people from collecting what they're owed. Don't let them win!
Marcus Marsh
IN PROGRESS IS JUST CODE FOR 'WE'LL GET TO IT WHEN WE FEEL LIKE IT' - been dealing with NYS Department of Labor for years and they never give you real timelines. Could be 2 weeks could be 2 months depending on their mood.
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Hailey O'Leary
•ugh this is so stressful, bills don't wait for NYS Department of Labor to figure things out
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Charlie Yang
I'm going through the same thing right now - filed 8 days ago and still showing 'in progress'. Called the 888 number multiple times but can never get through. From what I've read on other forums, they're really backlogged right now. Some people say to keep doing your weekly certifications even during the 'in progress' phase because once it gets approved, you'll get back payments for those weeks. Really hoping it doesn't take the full 3 weeks but trying to stay patient.
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Sophie Footman
•Thanks for mentioning the weekly certifications - I wasn't sure if I should keep doing those or wait until it gets approved. Good to know about the back payments too. Have you tried the online chat feature or is calling the only option? I'm on day 10 of 'in progress' and getting pretty anxious about it.
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