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I went through something similar when I was fired for attendance issues related to my kids getting sick frequently. The key thing that helped me was being completely honest about the circumstances when I filed. I explained the childcare situation in detail and provided documentation like daycare closure notices and pediatrician notes. NYS Department of Labor actually approved my claim because they determined it wasn't willful misconduct - just unfortunate circumstances. Don't let the fear of denial stop you from filing immediately. The worst thing you can do is wait, because there are strict deadlines for filing claims. Good luck!
This is really helpful to hear! I'm in a similar situation with transportation and childcare being the main factors. Did you have to go through an appeal process or did they approve it on the first review? I'm trying to figure out what to expect timeline-wise since I need to plan my finances accordingly.
They approved it on the first review, which was honestly a relief! It took about 3-4 weeks from when I filed to get the approval letter. The key was being super detailed in my initial application - I wrote out specific dates when daycare was closed, included copies of medical notes, and even had a letter from my previous employer acknowledging that my absences were due to family emergencies rather than just not wanting to show up to work. My advice is to gather all your documentation now while it's fresh in your mind. Transit delay screenshots, any texts or emails you sent your supervisor explaining why you were late, childcare receipts or closure notices - anything that shows this wasn't willful misconduct on your part.
I'm dealing with something similar right now after getting let go for attendance issues. Reading through everyone's experiences here is really helpful. One thing I wanted to add is that when you file your claim, don't just focus on the transportation and childcare problems - also mention any efforts you made to address the tardiness issue with your employer. Did you ever ask about flexible start times, offer to stay late to make up time, or suggest any other accommodations? NYS Department of Labor looks at whether you tried to resolve the situation in good faith. Even if your employer wasn't willing to work with you, showing that you attempted to find solutions can help demonstrate that your termination wasn't due to willful misconduct. Also, if you have any performance reviews or documentation showing you were a good employee otherwise, include that too.
This is really good advice about showing you tried to work with your employer! I actually did ask my supervisor about adjusting my start time by 30 minutes to account for the bus schedule, but they said warehouse operations required everyone to start at the same time. I also offered to work through lunch or stay late when I was running behind, but they weren't interested in those solutions either. I kept some of those text conversations on my phone - sounds like I should definitely include those when I file my claim to show I was trying to be proactive about the situation.
same boat here but in Buffalo... rent due next week and still waiting on NYS Department of Labor to process my claim from 3 weeks ago. this system is so broken
Have you been filing your weekly claims? Even if your initial claim is still processing, you need to keep certifying or you'll lose those weeks of benefits.
I'm in a similar situation in Syracuse - lost my restaurant job 3 weeks ago and still waiting on my claim to process. What helped me get through was plasma donation if you're eligible (BioLife pays around $50-100 per donation), and I signed up for gig work like DoorDash just to have some immediate income while waiting. Also reach out to Salvation Army and Catholic Charities - they both have emergency assistance programs that can help with rent if you're about to be evicted. The key is applying for everything NOW, don't wait until you're completely out of money. Stay strong, the benefits will come eventually!
This whole thread is makin me anxious AF cuz I just applied last week and now im scared ill be waiting forever too. The system is such a joke 😡
Most claims do go through normally! It's just that people with problems are more likely to post about it. Hope yours goes smoothly!
I'm so sorry you're going through this - 9 months is absolutely ridiculous! Reading through all these responses, it seems like the key is getting to someone who can actually see what's blocking your claim. Based on what others have shared, I'd suggest trying multiple approaches at once: 1) Use that direct claims specialist number someone mentioned (888-209-8124), 2) Contact your state representatives' offices for constituent services, and 3) Try that Twitter DM approach to @NYSLabor. The fact that so many people have had similar experiences and then got resolved quickly once they reached the right person gives me hope for you. Don't give up - you're entitled to those benefits and the backpay! Keep us updated on what works.
This is such a helpful summary! I was feeling overwhelmed reading through all the different suggestions, but you've organized it perfectly. I'm definitely going to try all three approaches - the direct number, my representatives, and the Twitter DM. It's encouraging to hear that so many people got their issues resolved quickly once they found the right person to talk to. Thanks for taking the time to pull all this together!
The financial hardship route for waivers is actually easier than most people think. You need to show that paying back the overpayment would prevent you from meeting basic living expenses. Include bank statements, rent/mortgage payments, utility bills, and any other essential expenses. NYS Department of Labor uses specific income thresholds but they're not published publicly.
This is really helpful - I definitely qualify for financial hardship right now. Should I include medical bills and student loan payments as essential expenses?
Yes, definitely include both medical bills and student loan payments! Those are considered essential expenses for hardship determinations. Also include any childcare costs, car payments (if you need it for work), and prescription medications. The more documentation you can provide showing your monthly obligations exceed your income, the stronger your hardship case will be.
I went through this exact same situation last year with a $3,100 overpayment. What really helped my case was gathering every piece of documentation I could find - screenshots of the online reporting system from when I filed, printouts of the guidance pages I followed, even my browser history showing I was trying to do it correctly. NYS Department of Labor approved my waiver based on "agency error" because their online system had confusing instructions about part-time work reporting. The key is showing you made a good faith effort to comply. Also, don't wait too long to file - there are deadlines for waiver requests that aren't always clearly stated.
This is such valuable advice about documenting everything! I wish I had thought to take screenshots when I was doing my reporting. Do you remember roughly how long after your overpayment notice you had to submit the waiver request? I'm worried I might have missed some deadline already since I got my notice a few weeks ago.
Isabella Oliveira
Just want to echo what others said - quitting to go to school typically won't qualify you for UI benefits. There are some training programs that might allow you to collect while in school, but you'd need to be laid off first and then get approved for the training. Check with your local career center about approved training programs.
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Anna Kerber
Just to add some practical advice - if you're really considering this path, you might want to look into whether your employer offers any educational assistance or leave of absence options first. Some companies will work with you on flexible schedules or even tuition reimbursement for job-related training. Also, check if there are any evening or weekend programs available so you could potentially keep working while training. The unemployment system really isn't designed to support voluntary career changes, so exploring other options first might save you a lot of headaches.
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