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Just my 2 cents but the NYS Department of Labor appeals system is a joke. They side with employers 90% of the time no matter what evidence you have. I appealed twice and lost both times even with clear documentation that I was wrongfully terminated. Good luck but don't get your hopes up.
Hey Sean, I just went through this same situation a few months ago! The key thing is to be very specific about why the misconduct determination is wrong. When you file your appeal (which you can do online through ny.gov), write a detailed statement explaining your side of what happened. Include dates, names of witnesses, and any emails or texts that support your version of events. Also, if your employer didn't follow their own disciplinary policies before firing you, definitely mention that. The hearing is conducted by phone usually, and you'll get a chance to tell your story to an administrative law judge. Don't let the stress get to you - many people successfully overturn these decisions when they have good documentation and present their case clearly.
wait so you can appeal even after they already denied you?? I thought once NYS Department of Labor made a decision that was it. I got denied 2 months ago for 'voluntary quit' even though I was laid off and just gave up trying to fight it. is it too late for me to appeal now?
Unfortunately, you only have 30 days from the date on your determination notice to file an appeal, so if it's been 2 months you've likely missed that window. However, you might want to call NYS Department of Labor anyway to double-check - sometimes they'll accept late appeals if you have a really good reason for the delay (like serious illness or not receiving the notice). It's worth a shot since you were actually laid off and not a voluntary quit. @Freya Collins
The agent said they're hoping to have all accounts fixed by the end of next week, but there are thousands affected so they're prioritizing people who call in. She recommended everyone with this issue should call rather than waiting for the automatic fix.
This whole situation is such a mess! I'm dealing with the exact same issue - my effective days counter went to zero after the maintenance even though I should have 14 weeks left. The most frustrating part is that I can see my claim is still active when I look at the claim summary page, but the certification page won't let me submit anything. I tried the phone certification trick that Elijah mentioned (888-581-5812) and it did work for me too! Even though the website still shows the error, I was able to complete my weekly certification over the phone. Definitely recommend this as a temporary workaround while waiting for them to fix the display issue. Has anyone else noticed if their claim balance amount is also showing incorrectly, or is it just the effective days counter that's glitched?
Make sure you keep all your WARN pay documentation! NYS Department of Labor will want to see the dates and amounts when they review your claim. Also don't forget you still need to do the job search activities during the WARN period even though you're not getting UI benefits yet.
Just went through this myself when my company closed last month. The key thing to understand is that WARN pay essentially "pushes back" when your unemployment benefits start, but it doesn't affect the total amount you're eligible for. Think of it as the state saying "you're still technically employed during those 60 days even though you're not working." I know it feels unfair, but filing immediately is still the right move because there can be delays in processing, and you want everything ready to go when that WARN period ends. Also, double-check if your employer is paying into the state system during those 60 days - that can affect things too.
Sean Matthews
yeah this stuff is so confusing!! why can't they make the rules clearer? seems like you're stuck between a rock and a hard place when you're injured
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Aisha Abdullah
I went through this exact situation about 8 months ago after a workplace injury. The key thing I learned is that you need to be very honest about your work restrictions when filing for UI. I was cleared for sedentary work but couldn't do my regular job, so I was able to qualify for unemployment while my workers comp case was pending. However, you have to actively search for work you CAN do within your restrictions and report that in your weekly certifications. I'd strongly recommend calling the Department of Labor before filing anything - yes the wait times are terrible, but getting it wrong can create a huge mess later. Also document everything your doctor says about what work you can and can't do.
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