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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.
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.
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
@Zoe Papadakis Questioning safety issues is actually protected in most cases! That s'not insubordination - that s'looking out for everyone s'wellbeing. Make sure you emphasize that safety concern angle in your appeal. Document exactly what the safety issue was and why you felt compelled to speak up. OSHA protections might even apply here. Don t'let them frame doing the right thing as misconduct!
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!
Lucas Bey
Based on your $52k salary, you'll likely qualify for a decent weekly benefit amount. To give you a rough estimate - if your highest quarter was around $13k (which would be typical for that salary), you'd get about $500 per week, which is close to the maximum. The NYS Department of Labor calculator on their website can give you a more precise estimate if you know your quarterly earnings. Just make sure you have all your wage statements ready when you apply - it makes the process much smoother.
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Freya Ross
•That's super helpful Lucas, thanks for breaking down the math! I'm definitely going to check out that calculator on the NYS Department of Labor website. Good tip about having all the wage statements ready - I'll make sure to gather everything before I start the application process. Sounds like I should be in decent shape benefit-wise which is reassuring.
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Kayla Morgan
One thing to keep in mind is that the benefit duration is also capped - you can typically receive benefits for up to 26 weeks in NY, though this can sometimes be extended during periods of high unemployment. Also, you'll need to be actively searching for work and document your job search activities each week to continue receiving benefits. The NYS Department of Labor requires you to make at least 3 work search contacts per week and keep records of your applications, interviews, etc. It's worth setting up a system to track this from day one since they do audit claims periodically.
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Omar Zaki
•This is really important information about the work search requirements! I hadn't realized you need to document 3 contacts per week - that's definitely something I'll need to plan for. Do you know if they're strict about what counts as a "work search contact"? Like would applying online, networking events, or reaching out to recruiters all qualify? I want to make sure I'm doing this right from the beginning to avoid any issues with my claim.
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