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Ruby, I went through almost the exact same situation last year. Don't give up after the ALJ decision - you absolutely can appeal to the Unemployment Insurance Appeal Board within 30 days. That's your second level of appeal within the NYS Department of Labor system. I'd recommend focusing your Board Review appeal on specific legal errors the hearing officer made rather than just restating your case. The misconduct standard is pretty specific in NY and if they misapplied it, the Appeal Board might overturn the decision. Also, if you have any documentation you didn't present at the hearing (like employee handbook excerpts, witness statements, etc.), you can still submit that with your Board Review request. The whole process took me about 4 months but I eventually won at the Board level and got all my back benefits. Stay persistent!
This is so helpful, thank you! I'm definitely going to file the Board Review appeal. Quick question - when you mention submitting new documentation, do you mean things that existed during the original incident but weren't presented at the hearing? Or can you submit things that were created after the hearing? I have some emails I forgot to include initially that might help show the real circumstances around my termination.
@d69e71ffdcaf That's a great question about the documentation! From my understanding, you can submit evidence that existed at the time of the original incident even if it wasn't presented at the ALJ hearing. Those emails you mention should definitely be included if they help clarify the circumstances of your termination. However, you can't submit evidence that was created after the hearing date. The key is that the evidence must have been available during the time period being reviewed. I'd recommend organizing those emails chronologically and clearly explaining in your Board Review request why they're relevant to showing the hearing officer misapplied the misconduct standard. Don't lose hope - the Appeal Board sometimes takes a fresh look at cases and reaches different conclusions than the ALJ.
Ruby, I've been through this exact situation and want to emphasize what others have said - you definitely have options! The NYS Department of Labor appeals process has two administrative levels: 1) Initial appeal to Administrative Law Judge (which you already did), and 2) Board Review with the Unemployment Insurance Appeal Board (which is what you should file next). You have 30 days from the date of the ALJ decision to request the Board Review. The key difference is that the Appeal Board focuses more on whether the hearing officer correctly applied unemployment law rather than re-examining all the facts. So your appeal should highlight specific legal errors - like if they misapplied the misconduct standard or ignored relevant testimony. I'd also recommend gathering any documentation you might have missed in the first hearing (employment policies, witness statements, etc.) as you can still submit those. Don't let one bad decision discourage you - many people win at the Board Review level even after losing with the ALJ. The misconduct standard in NY is pretty specific, so if there's any ambiguity about whether your actions truly constituted willful misconduct, the Appeal Board might see it differently. Stay strong and file that appeal!
i stg the new york unemployment website is run by a hamster on a wheel. same thing happened to my sister last month - she ended up having to go IN PERSON to a office to get it fixed. ridiculous.
I had the EXACT same issue last month and it was driving me absolutely crazy! Turns out my account had been flagged for "suspicious activity" even though I hadn't done anything wrong. The rep told me it happens sometimes when you log in from different locations or devices. Here's what finally worked for me: 1) Stop trying to log in for 24 hours (I know it's hard but multiple failed attempts make it worse) 2) When you do try again, use the EXACT same device/browser you originally set up the account with 3) Make sure you're typing your username exactly as you registered it (no extra spaces, check capitalization) If that doesn't work, you really do need to call them. I know everyone says the phones are impossible, but I got through by calling at exactly 8:00 AM on a Tuesday. Took 45 minutes on hold but the rep fixed it in literally 2 minutes - there was some weird technical flag they had to manually remove. Don't panic about the fraud stuff unless you notice actual changes to your bank account. The fact that your payments are still coming through normally is actually a good sign that it's just a technical glitch rather than identity theft.
Just want to give everyone a heads up - when this happened back in February, some people who certified by phone had their payments delayed by 2-3 days. It's not a big deal but just so you're not surprised if it doesn't hit your account on the usual day.
I'm dealing with the same issue! Been trying since 6am and keep getting that blank screen too. Really appreciate everyone sharing the phone option - I had no idea that existed. Just tried calling 1-888-581-5812 and it worked perfectly! Took about 10 minutes to get through all the prompts but was able to certify successfully. For anyone still struggling, definitely try the phone system while they fix the website.
That's great that the phone system worked for you! I'm a newcomer here but dealing with the same login issues. Quick question - when you called, did you need any specific information ready besides your usual login details? I want to make sure I have everything prepared before I call. Thanks for confirming it only took 10 minutes, that's really reassuring!
I just went through this exact same situation when I got laid off from my warehouse job a couple months ago! You're absolutely right with your math - that $14,820 is your total benefit "allowance" for the entire year, and at $495/week you'll get about 30 weeks which is actually pretty good compared to the standard 26 weeks. Once you burn through that maximum amount, you're completely done until you can work enough hours to qualify for a brand new claim. The part-time income thing really threw me off too at first - if you pick up some restaurant shifts and they dock your weekly payment down to like $350, your total maximum stays the same at $14,820, so you're just making your benefits last longer. I ended up doing some weekend work which helped stretch my benefits out while I job hunted. Definitely report everything though - the overpayment stuff is a nightmare if they catch unreported income later. The whole system is confusing as hell but sounds like you've got it figured out!
Thanks for sharing your experience! It's really helpful to hear from someone who went through the same thing recently. I was definitely worried about the part-time work affecting my total benefits, but your explanation about it just stretching things out longer is reassuring. I'm thinking about picking up some shifts at other restaurants while I look for something permanent, so knowing that it won't hurt my overall maximum is a relief. The warehouse to restaurant job hunt must have been quite a transition - hope you found something good!
I went through this exact same confusion when I got laid off from my retail job back in September! You've got the math exactly right - that $14,820 is your total unemployment "fund" for your entire benefit year, and at $495/week you're looking at about 30 weeks of benefits, which is actually better than the standard 26 weeks most people get in NY. Once that money is gone, that's it until you work enough to qualify for a new claim. The part-time work thing was confusing for me too - if you pick up some restaurant shifts and they reduce your weekly payment to say $300, your maximum amount stays at $14,820, so you're just stretching your benefits over more weeks rather than losing money. I actually did this with some holiday retail work and it helped me make my benefits last longer. Just make sure to report all income honestly - the penalties for not reporting are way worse than the temporary weekly reductions. Good luck with your job search, the restaurant industry seems to be hiring more lately!
Serene Snow
UPDATE: Just wanted to let everyone know my payment came through as normal this morning, so the self-employment question didn't cause any delays. Thanks for all the helpful information everyone!
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Tyler Murphy
•nice! thx for the update
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Zainab Ali
Just wanted to chime in as someone who's been on NY unemployment for about 6 months now. I've noticed these random verification questions popping up more frequently since the January update too. Last month I got asked about job training programs, and this week it was about whether I had any pension income. It's definitely part of their new fraud prevention system like others mentioned. The phone system has been a nightmare though - I've switched to doing everything online and it's been much more reliable. Pro tip: if you do get multiple verification questions in a row, don't panic, but do keep screenshots of your certifications as backup documentation just in case.
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