just make sure you understand that even if you win the appeal you might not get backpay right away - took them like 3 months to process mine after i won

The appeal process can definitely feel overwhelming but you're absolutely right to pursue it if your employer is making false claims about misconduct. I went through something similar where my employer tried to claim I was terminated for cause when I was actually laid off due to budget cuts. The key things that helped me win were: 1) Keep detailed records of everything - save any performance reviews, emails, or documentation that shows you were a good employee, 2) If there were any witnesses to conversations about your termination, ask them if they'd be willing to testify, and 3) Practice explaining your side of the story clearly and calmly. The judges really do listen to both sides fairly. Also remember that the burden is on your employer to prove misconduct occurred, not on you to prove it didn't. Stay organized with your paperwork and don't let the legal-sounding process intimidate you!

I had this exact problem last month and couldn't get through to anyone at NYS Department of Labor no matter how many times I called. Found this service called Claimyr at claimyr.com that actually gets you connected to real agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Used it to check on my claim status and found out there was actually an issue with my employer verification that wasn't showing up online.

IN PROGRESS IS JUST CODE FOR 'WE'LL GET TO IT WHEN WE FEEL LIKE IT' - been dealing with NYS Department of Labor for years and they never give you real timelines. Could be 2 weeks could be 2 months depending on their mood.

To answer the earlier question about timing - the standards typically begin to relax after 13-16 weeks, with more significant changes around week 20-26. However, this can vary based on local unemployment rates and your specific circumstances. The important thing is to keep detailed records and continue your active job search. If you're unsure about a specific job offer, it's worth consulting with your local workforce development office before declining.

Thanks for all this helpful info everyone! I'm in a similar spot at week 16 and just want to add - make sure you're also documenting any training or certification programs you might be doing to improve your qualifications. NYS Department of Labor sometimes views this favorably when evaluating whether you're making reasonable efforts to find suitable work. I started an online logistics certification course and mentioned it when they questioned why I turned down a retail job that was way below my skill level. Also, if you're a union member, check if they have any guidance on suitable work requirements - mine had some really specific advice about what constitutes comparable work in our industry.

Just want to say good luck with your job search! The restaurant industry has been tough but things are picking up in my area.

@Sergio Neal - You can find the work search log form on the NYS Department of Labor website under the unemployment section, or they sometimes mail it with your initial paperwork. But honestly, you can just create your own simple log as long as it includes the required info: date, employer name, contact method, position applied for, and result. I keep mine in a simple notebook and it's worked fine for over a year of claims. The key is being consistent and detailed - don't wait until the last minute to catch up on your documentation like I did at first!

Just wanted to say keep your head up! I know 6 weeks feels like forever when you're stressed about money. My fact finding took about 5 weeks but once it was approved everything moved quickly. The back pay really helped catch up on everything I'd fallen behind on.

I'm in a similar situation - filed in January after being laid off from my retail job and I'm now at week 8 of fact finding. What's really frustrating is that I called my former manager and they confirmed they already responded to NYSDOL weeks ago saying it was a clear layoff due to store closure. Yet my case is still "pending determination." I've been surviving on savings but that's almost gone now. Has anyone had luck reaching out to their local assemblyperson or senator's office? I heard they sometimes have caseworkers who can help push these things along when they're taking unreasonably long.