New York Unemployment

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Ask the community...

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I had a similar situation about a year ago - fired for excessive tardiness due to a combination of public transit issues and medical appointments for my chronic condition. I was really worried about getting denied since I had about 18 late arrivals over 5 months. NYS Department of Labor did approve my claim after about 3 weeks, but the process was nerve-wracking. During the phone interview, they asked very specific questions about each incident and whether I had documentation. What helped my case was that I had saved all my emails to my supervisor about the transit delays and had medical records showing my appointment times. The adjudicator told me that the key factor was that I wasn't being deliberately negligent - I was dealing with circumstances largely outside my control and had made efforts to communicate with my employer. Definitely gather any evidence you have about the car problems and childcare issues, and file your claim as soon as possible. The worst they can do is say no, and you might be pleasantly surprised.

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Your story really resonates with me - the nerve-wracking part especially! It's encouraging to hear from someone who had even more tardies than me and still got approved. I never thought to save emails about communication with my supervisor, but I think I do have some text messages where I let them know about car troubles. The specific questions part makes me nervous but also gives me hope that they really do look at the individual circumstances rather than just seeing "attendance issues" and automatically denying. Thanks for the practical advice about gathering evidence - I'm going to dig through my phone and see what documentation I can find before I file.

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I went through something very similar about 8 months ago when I got terminated from my manufacturing job for attendance issues. I had around 14 tardies and 6 absences over a 4-month period, mainly due to my son's asthma flare-ups requiring emergency doctor visits and my unreliable car. I was terrified about filing because I thought getting fired for attendance was an automatic disqualification. But NYS Department of Labor actually approved my claim after about 5 weeks. The phone interview was thorough - they asked about each incident, whether I gave notice when possible, and what steps I took to address the underlying problems. What really helped was that I had kept a folder with all my communication to my supervisor (texts, emails) about the emergencies and car troubles, plus medical records for my son's appointments. The adjudicator explained that they distinguish between willful misconduct and circumstances beyond your reasonable control. Since I wasn't just skipping work for fun and had made efforts to communicate and solve the problems, they ruled in my favor. My advice is definitely file the claim, be completely honest during the interview, and gather any documentation you have about the legitimate reasons for your absences. Don't let fear of denial keep you from trying - you might have a stronger case than you think!

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Congratulations on winning your appeal! I went through something similar a few months ago. In my experience, once the appeal was reversed, I received a notice in my online account within about a week showing the updated payment schedule. The back pay came as one lump sum about 2 weeks after that. Just make sure you keep certifying for benefits each week even while waiting - that was crucial for me to get everything I was owed. Also, screenshot everything in your account showing the reversal decision and payment amounts in case there are any discrepancies later. The whole process was frustrating but I did eventually get every penny I was entitled to from my original filing date.

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This is really helpful, thank you! So you're saying I should expect to see something in my online account first before the actual payment? And definitely good advice about screenshotting everything - I've learned not to trust that the system will keep accurate records after going through this whole appeal process. Did you have any issues with the lump sum amount being correct when you got it?

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I'm going through the appeal process right now and this gives me hope! Quick question - did you have to do anything special to get the appeal hearing scheduled, or did it happen automatically after you filed? Also, how long did the whole appeal process take from start to finish? I've been waiting 3 weeks just to get a hearing date and I'm getting really anxious about how much longer this might drag on.

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Just wanted to add that you can also appeal your benefit calculation if you think there's an error. I had to do this when they missed including wages from a job where I worked the last few weeks of a quarter. The appeal process took about 6 weeks but they corrected my weekly amount from $298 to $421. Make sure to gather all your pay stubs and W-2s before filing an appeal though - they'll want documentation of all your earnings during the base period. The deadline to appeal is usually 30 days from when you receive your monetary determination letter.

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That's really good to know about the appeal process! I didn't realize you could challenge the calculation if there are errors. 30 days seems like a reasonable timeframe too. Did you have to go through any kind of hearing or was it just a paperwork review? I'm wondering if it's worth double-checking all my pay stubs against what they have on file, especially for that part-time job since those wages might be easier to miss or report late.

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One thing that caught me off guard was that the base period might not be what you expect - it's not the most recent four quarters, but the first four of the last five completed quarters. So there's actually a lag period where your most recent earnings might not count yet. When I filed in March, they were looking at my earnings from the previous January through December, not including January-February of the current year. This is called the "standard base period." If your earnings were higher in more recent quarters, you might be able to request they use the "alternate base period" which shifts everything forward by one quarter. Worth asking about if you think your recent earnings would give you a higher benefit rate!

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That's a really important distinction about the base period timing! I think a lot of people assume it's just the most recent four quarters. The alternate base period option sounds like it could make a big difference for people who had their earnings increase more recently. Do you know if there's a specific process to request the alternate base period, or do they automatically consider both when calculating your benefits? I'm curious if that might apply to my situation since I got a raise at my main job toward the end of last year.

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Thanks for the update! This is super helpful - I was literally in the same exact boat last week but chickened out and didn't change my bank info because I was too worried about timing. Seeing that it worked for you gives me confidence to finally make the switch. The fact that you changed it Thursday and still got paid Tuesday in the new account is exactly what I needed to know. Definitely going to take that screenshot advice too!

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You should definitely go for it! I was so anxious about the whole thing but it really did work smoothly. Just make sure you do it a few days before you certify to give the system time to process. The Thursday to Tuesday timeline worked perfectly for me, so you should have plenty of buffer if you change it earlier in the week. And yes, definitely screenshot that confirmation page - I wish I had done that for my own peace of mind!

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This whole thread has been so reassuring! I'm dealing with a bank merger situation where my routing number is changing next month, so I'll need to update my direct deposit info too. Based on everyone's experiences here, it sounds like the key is giving yourself at least a few days between making the change and your certification date. Really appreciate everyone sharing their real experiences - the official unemployment website is pretty vague about timing for these changes.

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Don't stress too much about it if you've been reporting everything honestly! I was on unemployment for about 6 months last year and had the same worries. The key thing is that NYS DOL has to prove you did something wrong - they can't just randomly decide you owe money. Most overpayment cases happen when people either don't report work income, work while claiming they're available, or provide false information. Since you mentioned you've been reporting your temp jobs, you're already doing the right thing. The system is actually pretty good at catching discrepancies early on, so if you were going to have issues, you'd likely know within a few weeks rather than months later.

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This is really reassuring to hear from someone who actually went through the full process! I've been losing sleep over this but you're right - if I've been honest about everything and they haven't flagged anything yet after 8 weeks, I'm probably overthinking it. Thanks for pointing out that they have to prove wrongdoing rather than me having to prove I'm innocent. That makes me feel a lot better about the whole situation.

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I totally understand your anxiety about this - I was the same way when I was collecting benefits. One thing that really helped ease my mind was setting up a simple spreadsheet to track everything: dates I filed claims, any work I reported, amounts I earned, etc. That way if anything ever comes up, you have your own records to back up what you reported. Also, remember that the vast majority of people who file honestly never have issues. The horror stories tend to get shared more than the success stories where everything goes smoothly. You're being proactive by asking about this, which shows you're taking it seriously and doing things right.

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