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FYI - after you complete id.me verification, you need to go back to your ny.gov account and click "verify with id.me" again to link the accounts properly. Took me forever to figure that out!!
Just went through this same nightmare last month! The phone number 866-775-4363 that others mentioned does work, but here's a pro tip - call right when they open at 8am EST. I got through in about 10 minutes vs the usual hour+ wait times later in the day. Also make sure you have your reference number from when you first started the verification process - they'll ask for it immediately. The whole thing is such a mess but once you get a real person they can usually sort it out pretty quickly. Hang in there, you'll get through this! 🤞
This is really helpful advice about calling at 8am! I've been calling in the afternoons and getting nowhere. Quick question - did you have to do the video verification call too, or were they able to fix everything over the phone? I'm dreading having to do another video call since my first one got disconnected halfway through 😩
Just to clarify the misconduct standard for everyone - NYS Department of Labor defines misconduct as behavior that shows willful disregard of the employer's interests, deliberate violation of rules, or disregard of standards that the employer has a right to expect. Being fired for inability to perform the job, lack of skills, or good faith errors typically won't disqualify you from receiving benefits. Always file your claim first and let them investigate rather than assuming you're not eligible.
I went through something similar last year when I got let go for "not meeting expectations." The company was clearly downsizing but used performance as the reason. I was terrified to file thinking I'd get denied, but I'm so glad I did. NYS Department of Labor approved my claim after a brief phone interview where they just asked me to explain what happened. The key thing they seemed to care about was whether I was deliberately doing a bad job or violating clear policies - which I wasn't. My advice is definitely file ASAP since there's a waiting period anyway, and be completely honest about the circumstances. Even if you're unsure, let them make the call rather than missing out on benefits you might be entitled to.
Don't lose hope! I went through something similar when my employer contested my claim after I was laid off. The adjudication process is nerve-wracking but NYS Department of Labor really does look at all the facts. Since you mentioned you have emails about the safety concerns, definitely submit those as evidence - you can usually upload documents through your online account or mail them in. The key thing is that "poor performance" alone usually isn't enough to deny benefits unless they can prove it was willful misconduct. Keep documenting everything and filing your weekly claims like others mentioned. The backpay is worth it once it gets resolved.
This is really helpful advice! I'm going through a similar situation where my employer is contesting my claim. How do you upload documents through the online account? I've been logging into the NYS Department of Labor website but can't figure out where to submit additional evidence. Is there a specific section or do you have to wait for them to request it during the adjudication process?
@Collins Angel From what I remember, you usually have to wait for NYS Department of Labor to send you a questionnaire or request for additional information during the adjudication process. They ll'give you specific instructions on how to submit documents then - sometimes it s'through their online portal under a documents "or" correspondence "section," other times they want you to fax or mail them. I d'try calling them or (using that Claimyr service @Malik Robinson mentioned to ask) specifically about your case and whether they need any additional documentation from you right now.
I went through this exact situation last year and want to reassure you that employers contesting your claim is actually pretty common - it doesn't mean you'll automatically be denied. What helped me was being proactive during the adjudication process. I gathered all my documentation (including any text messages, emails, or witness contacts) and organized it chronologically. The safety complaint angle could definitely strengthen your case since retaliation for reporting workplace hazards is illegal. NYS Department of Labor takes that seriously. Also, make sure you're still certifying for benefits each week even though you're not getting paid yet - when they approve you (and I'm optimistic they will based on what you've described), you'll get all that back pay. The waiting is the hardest part but hang in there!
Thank you so much for sharing your experience @Anthony Young! It's really encouraging to hear from someone who went through the same thing. I've been so stressed about this whole process, especially with rent due soon. I do have those safety emails I mentioned, plus some photos I took of the hazardous conditions on my phone. Should I organize everything by date like you suggested even before they ask for it? Also, did your employer try to contact you directly during the adjudication process or does everything go through NYS Department of Labor? I want to make sure I handle this the right way and don't accidentally hurt my case.
Same boat here - filed 4 weeks ago and nothing. At least I know I'm not alone in this. The uncertainty is the worst part.
I'm going through the same thing right now - filed my initial claim about 3.5 weeks ago and still showing as pending. It's frustrating because you hear such different timelines from everyone. I've been trying to stay patient but it's hard when you're not sure if it's normal delays or if there's an actual issue with your claim. Thanks for posting this question, it helps to see I'm not the only one dealing with this right now.
Sean Murphy
Not to sound like a conspiracy nut but try calling from a different area code if possible. I was using my NY cell and getting disconnected constantly. Used my mom's phone with an out-of-state area code and got through first try. I think they might be filtering calls from certain area codes that are high-volume.
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Ellie Lopez
I've been dealing with this exact same issue! After reading through all these suggestions, I'm going to try a few different approaches. First, I'll attempt calling from a different phone number early in the morning like Connor suggested. If that doesn't work, I'll definitely look into contacting my state representative - that seems like a really good option that I hadn't considered. The claimyr.com service that several people mentioned sounds promising too, though I'm a bit hesitant about paying for something that should be free. Has anyone tried the different phone numbers that Omar mentioned? I'd love to know which specific 888 number works best. This whole situation is so stressful when you're already dealing with financial pressure from being unemployed. Thanks everyone for sharing your experiences and solutions!
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