I had trouble reaching NYS Department of Labor when my claim got stuck in adjudication for weeks. Calling their regular number was impossible - always busy or would hang up after being on hold forever. Someone here recommended Claimyr (claimyr.com) which helps you get through to actual agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me weeks of frustration trying to get my claim resolved.

Just wanted to add that I've been hiring in HR for 8 years in NY and we absolutely cannot and do not check unemployment records - it's not even legally accessible to most employers. The only time unemployment might come up is if YOU mention it in an interview, and honestly most hiring managers understand that layoffs happen and it's not a reflection of your work quality. Your dad's advice comes from an older generation when there was more stigma, but that's really not the case anymore. File immediately and don't stress about it affecting future opportunities!

At your hearing make sure you dress professionally and speak clearly. The ALJ wants to see that you take it seriously. Also if you have any union representation or employee handbook provisions about progressive discipline, bring those. Good luck!

I went through a similar misconduct appeal in NYS last year and won! Here's what really helped me: 1) Bring a timeline of events with dates showing when you received conflicting instructions, 2) If possible, get written statements from coworkers who witnessed the confusion about safety protocols, 3) Highlight any gaps in your training - the ALJ needs to see that your employer failed to provide adequate guidance. During the hearing, stay calm and factual. Don't get defensive, just explain how the conflicting instructions led to your confusion. The fact that you received three warnings over six months actually works in your favor - it shows a pattern of trying to correct behavior rather than willful disregard. You've got this!

This whole system is so frustrating! Why don't they explain this stuff when you file for unemployment? I've been stressed about the same thing and now I find out I was worrying for nothing since I already have enough quarters.

I went through this exact worry when I was laid off from my construction job last year. Like others mentioned, you can create an account at ssa.gov and view your complete earnings history - it shows every year you worked and how much you earned. Since you've been working 35 years, you definitely have the 40 quarters needed. The unemployment gap won't hurt your eligibility at all, just might slightly reduce the final benefit amount since it's calculated on your highest earning years. Don't stress too much about it - you're in good shape for retirement!

Make sure you attend the hearing! I know someone who didn't show up thinking they could just submit paperwork and they lost automatically. The judge needs to hear from you directly about what happened.

Another important tip - if your employer claims you violated a specific policy, ask them to produce the written policy during the hearing. Many employers rely on vague or unwritten "rules" that wouldn't hold up under scrutiny. Also, check if you ever received an employee handbook or signed acknowledgment of the policy they say you violated. The burden is on them to prove you knew about the rule AND willfully violated it. I've seen cases where employers couldn't even produce the policy they claimed was violated.

same boat here, employer said I was insubordinate but really I just questioned a safety issue. like isn't that what we're supposed to do?? this whole system is rigged against workers

I went through a misconduct appeal last year and won! The key thing that helped me was getting organized early. Create a timeline of events with dates, save every piece of documentation (emails, texts, employee handbook, any written warnings), and write down exactly what happened from your perspective while it's still fresh. Also check if your employer has an internal grievance process you should follow first - sometimes that's required before the DOL appeal. The hearing officers are actually pretty fair if you come prepared with facts. Don't give up, a lot of these misconduct determinations get overturned when employees actually fight them!