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I'm dealing with a similar situation right now - my claim was also denied for "misconduct" when I was actually part of company-wide layoffs. It's so frustrating when you know the employer gave false information. I've been gathering all my documentation including the WARN notice our company filed and emails about the restructuring. One thing I learned is to also request your personnel file from HR if you haven't already - sometimes there are notes or memos in there that can help prove it was a layoff and not misconduct. The 30-day deadline to appeal is really important so don't wait. I'm still in the process but my lawyer friend told me that wrongful denial cases like ours have pretty good success rates at appeal hearings.
That's really helpful advice about requesting the personnel file! I didn't think about that but you're right - there might be internal documentation that proves it was a layoff. Did you have to pay anything to get your personnel file or did they provide it for free? Also wondering if the WARN notice carries a lot of weight in these hearings since it's an official government filing. Thanks for sharing your experience - it's reassuring to know others are going through the same thing and that the success rates are decent for cases like ours.
@Malik Thompson Most employers have to provide your personnel file for free within a reasonable time usually (30 days -) it s'actually required by NY labor law. The WARN notice is definitely strong evidence since it s'a federal requirement for mass layoffs and proves the company was planning workforce reductions. I d'also suggest getting statements from your coworkers who were laid off at the same time - having multiple people confirm it was part of budget cuts really strengthens your case. Document everything with dates and keep copies of all correspondence. The fact that 6 other people were let go with you should make this a pretty straightforward appeal once you get all the evidence together.
I successfully appealed a similar denial last year. The most important thing is to get a written statement from your former employer confirming the layoffs were due to budget cuts - even if they contested your claim, HR departments often provide truthful documentation when formally requested. I also recommend creating a detailed timeline of events leading up to your termination, including any meetings about company finances or restructuring that you attended. During my hearing, the administrative law judge specifically asked about whether there were performance issues or disciplinary actions prior to termination, so be prepared to explain that this was purely economic. The whole process took about 10 weeks for me but the backpay made it worth the wait. Don't let the initial denial discourage you - the appeals process is much more thorough than the initial review.
This is really encouraging to hear! I'm definitely going to request that written statement from HR - that's a great tip. Quick question though - when you say you created a timeline, did you include specific dates of company meetings or just general timeframes? I attended a few all-hands meetings where our CEO mentioned budget constraints but I'm not sure if I have the exact dates saved anywhere. Also, did you submit all your evidence before the hearing or present it during the phone call? I want to make sure I'm as prepared as possible since this denial has really thrown me for a loop. Thanks for sharing your success story - it gives me hope that this will work out!
@Melina Haruko I m'in a really similar situation and your advice about getting written confirmation from HR is spot on! I actually just submitted my appeal yesterday after being denied for misconduct "when" it was clearly a layoff situation. One thing I m'curious about - did you have to deal with your former employer s'lawyer or HR representative participating in the hearing to contest your appeal? I m'worried they might show up and try to argue their misconduct claim even though I have all this evidence of the layoffs. Also wondering if you had any issues with the timing - like did you file your appeal right away or wait closer to the 30-day deadline? I filed mine pretty quickly but now I m'second-guessing if I should have gathered more evidence first. Really appreciate you sharing the details of your experience!
YES! I used that Claimyr service and finally got through yesterday! The agent said it was definitely a system error - I had no break in my claim. She fixed it on the spot and said I should receive all my back payments within 3 business days. Such a relief!
Wow, I'm so glad to see this thread because I'm dealing with the exact same nightmare right now! My claim has been stuck for 3 weeks with a "break in claim" error even though I've certified every single week without fail. The phone system is absolutely brutal - I've called hundreds of times and either get a busy signal or get disconnected after waiting on hold for hours. It's incredibly frustrating when you're depending on these benefits to survive. Reading through everyone's experiences here, it sounds like this is a widespread glitch with their new system. I'm definitely going to try that Claimyr service that several people mentioned - at this point I'm willing to try anything to get through to an actual human being who can fix this mess!
Welcome to the club unfortunately! I just went through this exact same nightmare and can tell you that Claimyr really does work - I was skeptical at first but it got me through to an agent in less than a day after weeks of failed attempts on my own. The agent confirmed it's a widespread glitch affecting tons of people with the partial unemployment rollout. Once they fix it, you should get all your back payments. Hang in there, you're not alone in this mess!
Check your correspondence in your online account every day. Sometimes they send requests for information or forms to fill out and if you miss the deadline they stop your benefits. Also make sure you didn't accidentally answer one of the weekly certification questions wrong.
I went through something similar a few months ago. My benefits stopped after 8 weeks with no explanation, just the "under review" status. Turned out they flagged my claim because I had reported some freelance work income a few weeks earlier and they needed to verify it wasn't affecting my eligibility. Even though I reported it correctly, their system automatically triggered a review. It took about 2 weeks to resolve once I got through to speak with someone. Don't panic - in most cases these reviews get resolved and you'll get back pay for the weeks you missed. Keep checking your correspondence inbox daily and try calling early in the morning (right when they open) for better chances of getting through.
@Dmitry Ivanov This gives me some hope! I did report some part-time work income about 3 weeks ago just (2 days of work ,)so maybe that s'what triggered the review. I reported it exactly like the instructions said to but their system probably flagged it anyway. Did you have to provide any additional documentation when you finally got through to them, or did they just verify what you had already reported?
@Dmitry Ivanov That s'really helpful to know! I m'in almost the exact same situation - reported some part-time income a few weeks back and now my benefits just stopped. How early in the morning did you call? I ve'been trying around 9am but can never get through. Also, when you say you got back pay, did they automatically add it to your account or did you have to request it specifically?
I'm in the exact same situation and it's driving me crazy! Applied in December, now it's March and still showing "pending" with absolutely no updates. I've called probably 30+ times at different hours - 7:59am, lunch time, late afternoon - and never once gotten past that stupid "high call volume" recording. What really gets me is that I know people who applied AFTER me and already got their determinations (both approvals and denials). So it's not like they're processing claims in order - it seems completely random which ones get looked at. I'm starting to think @Carmella Fromis is right about this being intentional. They're probably hoping we'll all just give up and find jobs so they don't have to pay out benefits. But like, I DID find a job! I just want to know if I'm entitled to the benefits for those months I was unemployed. Is that too much to ask?? Definitely going to look into that Claimyr thing people keep mentioning. At this point I don't even care about the cost - my time and mental health are worth more than whatever they charge. This whole system is absolutely broken.
I feel you on this! I'm at 4 months now and ready to lose my mind. The randomness is what kills me too - like why are some people getting answers in weeks while we're all stuck in limbo? I actually just tried calling my state assembly member yesterday after seeing it mentioned here multiple times. Their office said they'd "look into it" but honestly not holding my breath. Probably going to bite the bullet and try one of those callback services next week if I don't hear anything. This whole thing has me questioning why we even pay into unemployment insurance if they make it impossible to actually use it when you need it 😤
I'm so sorry you're going through this - the exact same thing happened to me last year and it's absolutely maddening! I applied in September and didn't hear ANYTHING until February. Five months of just sitting in "pending" status while I'm trying to figure out how to pay rent and buy groceries. What finally worked for me was a combination approach: I contacted my state senator's office (not just assembly member) AND used that Claimyr service people keep mentioning. The senator's office actually has a dedicated unemployment liaison who can escalate cases, and they were way more helpful than my assembly member's office. But honestly, the Claimyr thing is what actually got me connected to a live agent who resolved everything in one 15-minute call. I know it sucks having to pay for something that should be free, but I calculated that I was losing way more money every day my claim sat there than what the service cost. Plus I got all my back pay once it was approved, so it was totally worth it. Don't give up - you deserve answers and if you're eligible, you deserve those benefits! The system is broken but there are ways around it. Hang in there! 💪
Thanks for sharing your experience @Romeo Barrett! It's helpful to know the difference between contacting a state senator vs assembly member - I'll definitely try the senator route first. Five months of waiting is insane but glad you finally got it resolved! I'm curious about the back pay situation - did you get paid for all those months you were stuck in pending status? That's honestly the only thing keeping me sane right now, knowing that if I do get approved I should get everything retroactively. The financial stress of not knowing is killing me but hearing success stories like yours gives me hope 🙏
Yara Elias
def file, you earned it and they expect people to use UI when they get laid off. thats literally what its for
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Zoe Papadakis
Miguel, you're being way too considerate here! I understand caring about your former employer, but unemployment insurance is literally designed for situations exactly like yours. Think of it this way - your employer has been paying into this system specifically so that if they ever had to lay people off, those workers would have a safety net. It's not charity, it's an earned benefit. The company knew this cost existed when they made the decision to lay you off. File immediately and don't look back - you need to take care of yourself first.
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