


Ask the community...
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 is really helpful advice! I'm curious about the timeline - did you use any specific format or just write it out chronologically? Also, when you say "written statements from coworkers," did they have to be notarized or was it okay to just have them write and sign something? I'm worried about asking my former coworkers since some still work there and might be afraid of retaliation.
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!
That's really reassuring to hear from someone who went through the same situation! I keep forgetting that I can actually look up my own records online instead of just worrying about it. Construction work can be tough with layoffs - hope you found something good after that. I'll definitely check my ssa.gov account this weekend like everyone's suggesting.
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.
This is really helpful advice! I'm dealing with a similar situation where my employer is claiming I violated their "zero tolerance" policy, but I never actually received a copy of their employee handbook. They just mentioned some rules verbally during orientation months ago. Should I specifically ask the judge to require them to show proof that I was properly informed about this policy? Also, does it matter if other employees weren't disciplined the same way for similar issues?
Tyler Murphy
Just wanted to add something important that I learned the hard way - make sure you understand the timing requirements for these benefits! For Paid Family Leave, you have to give your employer at least 30 days advance notice if the need for leave is foreseeable (like childbirth). For short-term disability, there's usually a waiting period before benefits kick in, and you need to file the claim within a certain timeframe after becoming disabled. Also, if you're planning to take the full 12 weeks available under PFL, you can take it intermittently or all at once within the first year after your baby's birth. I'd really recommend getting in touch with your employer's benefits administrator now to understand exactly what paperwork you'll need and when to submit it. The last thing you want is to be dealing with benefit denials while you're caring for a newborn!
0 coins
Ava Hernandez
•This timing advice is crucial! I wish I had known about the 30-day advance notice requirement earlier. One thing to add - if you're planning to use both disability benefits for recovery AND Paid Family Leave for bonding, make sure you understand how they coordinate with each other. Some employers require you to use any accrued vacation time first, which can affect your total time off and benefits. Also, keep detailed records of all your paperwork and submission dates - I've heard too many stories of people having issues because documentation got lost in the system. Better to be over-prepared than scrambling later when you should be focusing on your new baby!
0 coins
AstroAce
I just went through this process 6 months ago and wanted to share my experience! You're right to be confused about the unemployment eligibility - I thought I could collect UI benefits too, but learned that taking time off to recover from childbirth and bond with your baby actually disqualifies you because of the "able and available" requirement. However, New York has really good family leave benefits that might work better for your situation. I ended up using short-term disability for my 6-week recovery period (paid at about 50% of my salary), then transitioned to Paid Family Leave for an additional 8 weeks of bonding time (paid at 67% of my average weekly wage). The total 14 weeks gave me much more time with my baby than I initially thought I'd be able to afford. One tip - start gathering your paperwork now! You'll need forms from your doctor, and some need to be completed before your due date. Your employer's HR department should have all the forms and can walk you through the process. Also keep in mind that these benefits are funded through small payroll deductions you've probably been paying all along, so you've already "paid into" this system. Feel free to ask if you have specific questions about the application process!
0 coins
Laila Fury
•This is exactly the kind of detailed breakdown I needed! Thank you so much for sharing your experience. The fact that you got 14 weeks total between disability and PFL sounds amazing - way better than what I was expecting. I had no idea we'd already been paying into this system through payroll deductions. Quick question about the transition from disability to PFL - did you have to file separate applications or did one automatically lead to the other? Also, when you say start gathering paperwork now, are there specific forms I should ask my doctor about at my next appointment? I want to make sure I don't miss anything important in the process.
0 coins