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The whole appeals process is just another way for them to delay paying out benefits. I went through it twice and lost both times even though I had evidence. NYS Department of Labor hearing officers seem to side with employers most of the time.
I work as a paralegal and have helped several people with unemployment appeals in NY. The success rate really varies by case type, but I'd estimate around 35-40% get overturned or modified. For misconduct cases specifically, you'll want to focus on proving that your actions didn't rise to the level of willful misconduct that would disqualify you from benefits. Those emails you mentioned showing targeting could be really valuable evidence. The appeals process usually takes 4-8 weeks, and you can represent yourself or bring someone to help. Even if the odds aren't perfect, if you believe you have a valid case it's definitely worth pursuing - the worst that happens is you're in the same position you're in now.
This is really helpful advice! I'm curious - when you say "willful misconduct," what exactly does that mean in NY? I'm dealing with a similar situation where my employer is claiming I was insubordinate, but I feel like I was just standing up for myself against unfair treatment. How do hearing officers typically distinguish between personality conflicts and actual misconduct?
omg yes the payment timing is SO confusing!! i thought i was getting paid for the current week and couldn't understand why my first check was taking forever lol. also found out the hard way that if you mess up your weekly claim you have to wait until the next week to fix it, there's no going back and editing
Correct, once submitted you cannot edit that week's claim. If you made an error, you should call NYS Department of Labor to report it rather than waiting. Small mistakes usually don't cause major issues but it's better to be proactive.
@Sasha Ivanov is absolutely right about calling if you make an error. I learned this the hard way when I accidentally reported earnings from the wrong week and it flagged my account for review. Took 3 weeks to sort out because I didn t'call immediately. The phone system is frustrating but it s'better than letting errors compound. Pro tip: keep notes of what you report each week so you can catch mistakes early.
Just went through this same confusion last month! The one-week delay really threw me off initially. One thing that helped me track everything was creating a simple spreadsheet with the filing date, week ending date, expected payment date, and actual payment received. Also, if you're worried about the timing, you can check your payment history in the my.ny.gov portal under "Payment History" - it shows the status of each week's claim (processed, pending, paid, etc.). This really helped me understand the pattern and catch when something was off with a particular week's claim.
That's such a great idea about the spreadsheet! I'm definitely going to set that up. I checked my payment history like you suggested and it shows my first claim as "processed" but no payment date yet. Does that mean it's still coming or should I be worried? Also, when you say one-week delay, does that include the first payment too or does the first one take even longer?
@Mei Wong That spreadsheet idea is brilliant! I wish I had thought of that when I first started. The processed "status" usually means your payment is in the pipeline and should hit your account within 1-2 business days. For the first payment, it typically takes an extra 2-3 business days beyond the normal timeline while they set up your payment profile, so don t'panic if it s'taking a bit longer than subsequent payments. I d'only start worrying if it s'been more than a week since it showed processed "status."
Just a heads up, they changed some policies last month. Make sure you're up to date on the latest requirements for fair hearings. The DOL website should have the info.
I'm in the same situation right now - just submitted my fair hearing request last week. Reading through everyone's experiences here is both helpful and terrifying 😅 The range from 6 weeks to 5 months is crazy! I'm definitely going to start documenting everything like Paolo suggested. Has anyone had success with the online portal for checking status updates, or is calling really the only way to get info?
One thing to keep in mind is that your benefits might be subject to federal income tax, so that $504/week could be even less take-home depending on your tax situation. You can choose to have 10% withheld for federal taxes when you file your weekly certifications. Also, since you're in finance, you might want to look into whether your company offers any outplacement services - many larger firms do, and that can help with your job search requirements while you're collecting benefits.
That's a really good point about the tax withholding - I hadn't even thought about that. At my income level I'm definitely going to owe taxes on unemployment benefits. Do you know if the 10% federal withholding is usually enough or should I expect to owe more at tax time?
The 10% withholding might not be enough depending on your overall tax situation. Since unemployment benefits are taxed as ordinary income, if you find another high-paying job later in the year, those benefits could push you into a higher bracket. I'd recommend either having extra withheld or setting aside additional money for taxes. Also, some states tax unemployment benefits too, though New York doesn't, so that's one less thing to worry about.
Another thing to consider is timing if you do get laid off in January - that's actually a good time to file because your benefit year will run through the end of December, so you'll have the full 26 weeks available if needed. Also, start documenting everything now about your work history and wages. NYS Department of Labor sometimes has issues with their wage records, especially for high earners, so having your own pay stubs and tax documents ready can speed up the process. And don't forget - even though $504 is way less than your current income, it's still something, and every week you delay filing after becoming unemployed is money left on the table since you can't backdate claims.
This is really helpful advice, especially about the timing and documentation. I'm curious though - you mentioned that NYS Department of Labor sometimes has issues with wage records for high earners. What kind of issues should I watch out for? Is it common for them to underreport earnings or delay processing because of the amounts involved?
GalaxyGlider
I just wanted to jump in here as someone who went through this exact same nerve-wracking experience about 6 months ago! The waiting for that first payment is absolutely brutal, especially when you're already financially stressed. I remember checking my bank account like 10 times a day and panicking that something was wrong with my claim. My first payment took exactly 9 business days after certifying, and like others mentioned, both weeks came through at once. What really helped me was understanding that NY's system treats the first payment differently - they run additional fraud prevention checks and verifications that don't happen with subsequent payments. Once that first one hits though, every payment after comes like clockwork in 2-3 days. For anyone currently waiting - hang in there! The "processed" status really does mean your money is coming, it's just their backend systems being extra cautious. I know it doesn't help with immediate bills, but the payments do come through and they'll backpay everything you're owed.
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Dmitry Petrov
•This is exactly what I needed to hear right now! I'm currently on day 5 of waiting for my first payment and have been doing the exact same thing - checking my bank account constantly throughout the day and starting to panic that something went wrong. It's so helpful to know that the extra fraud prevention checks are actually normal and not a sign that there's an issue with my claim. The fact that your first payment took 9 days but then all subsequent ones came quickly gives me a lot of hope. I keep telling myself that "processed" status has to mean something good, but when you're stressed about money it's hard not to overthink every little thing. Thanks for sharing your experience and the reassurance - it really helps to know that this waiting period is just part of how their system works and not something to worry about!
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Jacinda Yu
I'm currently in this exact situation too and finding this thread has been such a relief! Just finished my second week of certifying on Sunday and I'm on day 3 of waiting with a "processed" status but no payment yet. I was starting to get really anxious because like everyone else mentioned, the DOL website makes it sound like payments should arrive in 2-3 days max. Reading all these experiences showing 7-10 business days is actually normal for the first payment has really calmed my nerves. It's especially tough when you're already financially tight and this money is what you're counting on to keep things afloat. The waiting game is brutal but I'm feeling more confident now that the payment will come through soon. Thanks to everyone for sharing their timelines - this community support makes such a difference when you're going through this stressful process!
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Vincent Bimbach
•I'm so glad this thread is helping you too! I'm actually in almost the exact same spot - just certified for my second week and I'm on day 4 of waiting. The "processed" status showing up but no money yet was really starting to make me nervous, but seeing everyone's consistent experiences of 7-10 business days for that first payment is such a relief. It's wild how misleading the DOL website timeline is compared to reality! I've been checking my account obsessively too, but reading about everyone getting both weeks deposited together when it finally comes through gives me something concrete to look forward to. The financial stress is so real when you're already stretched thin and this is supposed to be your safety net. Hopefully both of our payments hit our accounts very soon! It's amazing how much better it feels knowing we're not alone in this waiting game.
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