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Just want to add - make sure you file your weekly claims even while your initial claim is being reviewed! A lot of people don't realize you have to keep certifying every week or you'll lose benefits for those weeks.
I went through something similar when I got fired for supposedly having a "bad attitude" but really it was because I questioned unsafe working conditions. The key thing is to file your claim immediately - don't wait! When you file online, be honest about being terminated but explain your side in the comments section. NYS Department of Labor will contact both you and your employer to get the full story. Keep all your documentation (doctor notes, texts about car trouble, etc.) handy because they might ask for it during the investigation. Even if you get initially denied, you can always appeal. The worst thing that can happen is they say no, but you won't know unless you try!
Being fired for attendance doesn't automatically disqualify you but it does make things more complicated. During the adjudication process, NYS Department of Labor will contact both you and your employer to get the full story. Your former employer will probably argue it was misconduct, so you need to be prepared to explain your side clearly. Document everything and be ready to provide medical records if health was a factor.
I'm new to this whole unemployment process but wanted to share what I learned from a friend who works in HR. She told me that NYS Department of Labor looks at whether your attendance issues were "willful" or due to circumstances beyond your control. If you have medical documentation showing you were genuinely ill, that's definitely not willful misconduct. Also, make sure to file your claim as soon as possible - there are time limits and you don't want to miss out on benefits you might be entitled to. The adjudication process can take a few weeks, but it's worth going through if you have legitimate reasons for your absences.
You should still file the claim anyway! Sometimes the reasonable assurance determination isn't clear-cut, especially for subs. Let NYS Department of Labor make the official decision rather than assuming you're disqualified.
I'm a substitute teacher too and went through this exact situation last summer. The reasonable assurance rule is confusing, but here's what I learned: even if you worked regularly at the same schools, as a substitute you're not technically guaranteed work in the fall the same way regular teachers are. The district has to provide you with a written reasonable assurance letter that specifically states you'll have work available. Without that letter, you might still be eligible for benefits. I'd recommend filing anyway and letting them make the determination - worst case they deny it, but you might be surprised. Also document everything about your work patterns and save any communication from the district about future availability.
just apply anyway, even if its not a ton of money its better than nothing and you paid into the system through your payroll taxes so you earned it
I went through this same situation last year when I got laid off from my retail job. With your $18/hour wage, you should definitely apply - I was making similar and ended up getting around $380 per week. The application process can be frustrating but it's worth it. Make sure you have all your recent pay stubs ready and apply as soon as possible since there's usually a waiting period. Also start your job search right away since you have to show you're actively looking for work to keep getting benefits. The money definitely helped me cover rent and groceries while I found something new.
@Mateo Silva In my experience it took about 3 weeks from filing to getting my first payment, but that was with no issues on my claim. The first week is always unpaid waiting (week and) then there can be processing delays. I d'recommend applying immediately and also looking into local food banks or emergency assistance programs to bridge the gap. Some areas have rapid reemployment services that can help with immediate needs too.
@Mateo Silva In my experience it took about 2-3 weeks to get my first payment after filing. The first week is usually a waiting week anyway where you don t'get paid, then it takes time to process. I d'recommend applying immediately and also looking into local food banks or emergency assistance programs to help bridge that gap. Some areas have rapid reemployment services that can help too. Don t'wait to apply thinking you ll'find a job quickly - it s'better to have the safety net in place.
Sofia Hernandez
Hey Yuki, I just went through a similar situation with NYS Department of Labor back in August. My appeal hearing was for wrongful termination too (they initially said I was fired for cause but it was actually a layoff). After I won my hearing, it took about 16 days to get the back pay deposited and then regular weekly benefits resumed automatically. One thing that really helped speed things up was calling the Telephone Claims Center right after I got my favorable decision letter to make sure they had all my banking info correct. The judge's decision is legally binding so NYS DOL has to pay out, but sometimes there are small administrative delays. Hang in there - sounds like your hearing went really well so you should be getting that money soon!
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Gemma Andrews
I went through a very similar appeal process with NYS Department of Labor earlier this year after being wrongfully denied for "job abandonment" when I was actually laid off. My hearing was in July and the judge ruled in my favor. The whole process from hearing to receiving back pay took about 22 days, which included getting the written decision and then NYS DOL processing everything. One tip that really helped me was calling their customer service line about a week after receiving the favorable decision letter just to confirm they had received it and my claim was being updated in their system. Sometimes there can be small administrative delays between the judge issuing the decision and the benefits department actually processing it. Also make sure to keep checking your online account at my.ny.gov - that's where you'll see your claim status change from "denied" to "approved" before the money actually hits your account. The waiting is definitely stressful especially when you're behind on bills, but it sounds like your hearing went really well so you should be getting good news soon!
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