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Don't lose hope! I went through something similar when my employer contested my claim after I was laid off. The adjudication process is nerve-wracking but NYS Department of Labor really does look at all the facts. Since you mentioned you have emails about the safety concerns, definitely submit those as evidence - you can usually upload documents through your online account or mail them in. The key thing is that "poor performance" alone usually isn't enough to deny benefits unless they can prove it was willful misconduct. Keep documenting everything and filing your weekly claims like others mentioned. The backpay is worth it once it gets resolved.
This is really helpful advice! I'm going through a similar situation where my employer is contesting my claim. How do you upload documents through the online account? I've been logging into the NYS Department of Labor website but can't figure out where to submit additional evidence. Is there a specific section or do you have to wait for them to request it during the adjudication process?
@Collins Angel From what I remember, you usually have to wait for NYS Department of Labor to send you a questionnaire or request for additional information during the adjudication process. They ll'give you specific instructions on how to submit documents then - sometimes it s'through their online portal under a documents "or" correspondence "section," other times they want you to fax or mail them. I d'try calling them or (using that Claimyr service @Malik Robinson mentioned to ask) specifically about your case and whether they need any additional documentation from you right now.
I went through this exact situation last year and want to reassure you that employers contesting your claim is actually pretty common - it doesn't mean you'll automatically be denied. What helped me was being proactive during the adjudication process. I gathered all my documentation (including any text messages, emails, or witness contacts) and organized it chronologically. The safety complaint angle could definitely strengthen your case since retaliation for reporting workplace hazards is illegal. NYS Department of Labor takes that seriously. Also, make sure you're still certifying for benefits each week even though you're not getting paid yet - when they approve you (and I'm optimistic they will based on what you've described), you'll get all that back pay. The waiting is the hardest part but hang in there!
Thank you so much for sharing your experience @Anthony Young! It's really encouraging to hear from someone who went through the same thing. I've been so stressed about this whole process, especially with rent due soon. I do have those safety emails I mentioned, plus some photos I took of the hazardous conditions on my phone. Should I organize everything by date like you suggested even before they ask for it? Also, did your employer try to contact you directly during the adjudication process or does everything go through NYS Department of Labor? I want to make sure I handle this the right way and don't accidentally hurt my case.
learned that the hard way 🤡
Just went through this same process last month. After my waiting week, it took exactly 5 business days for the first payment to show up in my account. Make sure you're certifying every Sunday night before midnight - that's crucial. Also double check that your direct deposit info is correct in your online account, mine had a typo in the routing number that delayed everything by another week. The payment history section updates around 3am usually, so check first thing in the morning rather than throughout the day.
wait the routing number typo thing is so important! thanks for mentioning that. gonna double check mine right now before i stress out more 😅
Same boat here - filed 4 weeks ago and nothing. At least I know I'm not alone in this. The uncertainty is the worst part.
I'm going through the same thing right now - filed my initial claim about 3.5 weeks ago and still showing as pending. It's frustrating because you hear such different timelines from everyone. I've been trying to stay patient but it's hard when you're not sure if it's normal delays or if there's an actual issue with your claim. Thanks for posting this question, it helps to see I'm not the only one dealing with this right now.
Construction workers often get confused by this because seasonal work creates uneven quarters. Your base period might not include your best earning periods if the timing doesn't line up right with when you filed your claim.
This is exactly why I wish NYS Department of Labor would provide clearer examples on their website. I'm also in construction and had no idea about the base period quarters thing until I started digging into it. Your $425 weekly benefit actually sounds reasonable if you had some slow quarters mixed in with your higher earning ones. The timing of when you file really does matter - I've heard of people waiting a few weeks to file if they knew a high-earning quarter was about to become part of their base period, though obviously you can't wait too long since benefits are backdated only so far.
Rosie Harper
just curious what was your appeal about? i might need to file one too but not sure if its worth the hassle
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Rita Jacobs
•They initially denied my claim saying I quit voluntarily, but I was actually laid off due to budget cuts. Had to gather documentation from my former employer to prove it wasn't voluntary. Definitely worth appealing if you have good grounds.
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QuantumQuest
I went through this exact same situation about 8 months ago. My appeal decision took 6 weeks after the hearing, which sounds pretty typical based on what others are saying here. I know the waiting is incredibly stressful when you're running out of money - I had to borrow from family just to get by during that period. One thing that helped me was calling my local assembly member's office. They have constituent services that can sometimes help expedite things or at least get you a real status update. Also make sure you're checking your online account regularly since sometimes the decision shows up there before the mail arrives. Stay strong, most appeals do get resolved eventually!
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Amara Eze
•Thanks for sharing your experience and the tip about contacting your assembly member's office - I hadn't thought of that! I've been checking my online account daily but nothing yet. It's reassuring to hear that 6 weeks is normal, even though the waiting feels endless when you're stressed about finances. Did your assembly member's office actually help speed things up, or did they just give you a status update?
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