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wait so if I quit can I still file weekly claims while they're deciding? or do I have to wait until the adjudication is over? this is so confusing
You can file your initial claim and continue filing weekly certifications during the adjudication process, but you won't receive any payments until they make a decision. If they approve your claim, you'll get backpay for those weeks. If they deny it, you won't get anything. So definitely file right away to preserve your claim date - just don't count on the money until the decision comes through.
I'm going through something similar right now and wanted to share what I learned from speaking with a NYS Department of Labor rep last week. They emphasized that "constructive discharge" is what you're looking for - basically when working conditions become so intolerable that a reasonable person would feel compelled to quit. But here's the catch: you MUST attempt to resolve the issue through internal channels first (HR, management, etc.) and document their response (or lack thereof). They also mentioned that timing matters - if you wait too long after the hostile incidents to quit, it can hurt your case. I'd recommend keeping a detailed log of every incident with dates, times, witnesses, and any steps you took to address it. Also consider filing a complaint with the NY State Division of Human Rights if the hostility is based on protected characteristics - having that on record can strengthen your unemployment claim.
This is really helpful info about constructive discharge - thank you! The timing aspect is something I hadn't considered. How long is "too long" in their eyes? My situation has been getting progressively worse over the past few months, but the really bad incidents have been more recent. Should I be documenting every single interaction or just the major hostile incidents?
The website is back up now. Just successfully logged in and was able to access all features. They've added some new security measures - you'll need to reverify your identity with the new two-factor authentication system they've implemented. Have your phone ready to receive a text code when logging in.
Thanks everyone for all the helpful info in this thread! I was also locked out since Tuesday and was getting really stressed about missing my certification deadline. I tried the phone system at 1-888-581-5812 like some of you suggested and it worked perfectly - much faster than I expected. For anyone still having trouble, I found that calling around 7 AM seemed to have shorter wait times. Also confirmed the website is back up now with the new 2FA system. Really appreciate this community having each other's backs during these technical issues!
This is so helpful! I'm new to the NY unemployment system and was panicking when I couldn't access the website yesterday. Reading through everyone's experiences here really calmed my nerves. Good to know about the 7 AM call time tip - I'll remember that for future issues. It's reassuring to see people looking out for each other in situations like this!
honestly employers shouldn't be able to contest claims unless there's actual misconduct involved... like if someone just gets laid off due to budget cuts why should the company be able to fight it
I totally agree! It seems like the system should distinguish between layoffs/downsizing versus situations where there's actual employee misconduct. When companies are just trying to save money on their UI tax rates by disputing legitimate claims, it just makes an already stressful situation even worse for people who are already out of work through no fault of their own.
Just went through this process myself a few months ago. My employer definitely tried to claim I was fired for performance issues when I was actually part of a reduction in force. The good news is that NYS DOL investigators are pretty good at seeing through bogus employer responses - they asked for documentation that my company couldn't provide. The whole adjudication process took about 3 weeks but I eventually got approved and received back pay for the delayed period. Don't let employer pushback discourage you from filing if you're legitimately entitled to benefits.
I went through hell trying to get answers about this from NYS Department of Labor directly. Spent weeks trying to get through on the phone with no luck. Finally used this service called Claimyr (claimyr.com) that actually got me connected to a real person who could explain the rules. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Way easier than trying to navigate the phone system yourself.
The whole system is so confusing! I'm dealing with partial disability and trying to work part time and nobody can give me straight answers about what I need to report and when.
I totally understand the frustration! The key things to remember are: 1) Disability payments themselves don't count as wages for UI purposes, 2) You need medical clearance showing you can work (sounds like Omar has this), and 3) Keep detailed records of everything. The hardest part is often just getting someone knowledgeable on the phone to confirm your specific situation.
Natalie Wang
To clarify about the work search requirements for partial benefits: If your friend is still attached to his employer and the hour reduction is expected to be temporary, he may be able to get an exemption from the work search requirements. He should specifically ask about this during the application process or during any interviews with NYSDOL. The system will typically tell him what his specific requirements are once his claim is processed.
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Zoe Gonzalez
•That makes more sense, thank you for clarifying! I'll pass all this information along to him. Seems like there's a lot to navigate but at least he has options.
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Chris King
Just want to add that your friend should apply ASAP once his hours are reduced - don't wait! NY has a one-week waiting period for new claims, so the sooner he files, the sooner he can start receiving benefits. Also, benefits are calculated based on his previous earnings history, so if he's been working 36.5 hours consistently, his benefit rate should reflect that higher income level. The partial benefits can really help bridge the gap while he's dealing with reduced hours.
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