


Ask the community...
just respond honestly to whatever NYS Department of Labor sends you and you'll be fine. most employers overthink this stuff
One thing to keep in mind is timing - make sure you respond quickly to any notices from NYS Department of Labor. They usually give you about 10 days to respond with your side of the story. If you miss that deadline, they might approve the claim by default even if you had good reasons for the termination. Also document the dates of the attendance issues and any progressive discipline you used - that shows you gave them a fair chance to improve before firing them.
I'm in almost the exact same situation and it's incredibly frustrating! Filed my claim in early March, got the monetary determination letter showing $485/week, have been certifying religiously every week since then, but absolutely zero payments. When I call, they keep telling me it's "under review" but can't give me any specifics about what they're reviewing or how long it will take. What's really maddening is that I know people who filed AFTER me and are already receiving payments! The inconsistency in how they're processing claims makes no sense. I've started keeping a detailed log of every call I make because the representatives give me different information each time. Reading through all these responses, I think I'm going to try contacting my assembly member's office and also look into that Claimyr service. At this point I'm willing to try anything to get through to someone who can actually help rather than just reading me the same "pending review" status over and over again.
I completely understand your frustration! The inconsistency is the absolute worst part - hearing that people who filed after you are already getting paid while you're stuck waiting is infuriating. I'm dealing with the same thing and it makes you feel like the system is completely random. Definitely try both the assembly member route and the Claimyr service that others have mentioned. From what I've read in this thread, it seems like we need to get to someone who can actually see what specific flags or holds are on our accounts, because the regular reps clearly can't access that information. Please update us if either approach works for you - at this point we all need to help each other navigate this broken system!
This entire thread is so helpful but also heartbreaking to read. I'm in week 16 now with no payment despite being "approved" and it's destroying my mental health. The worst part is feeling completely powerless - like no matter what you do, you're just stuck waiting for some mysterious process to complete while your bills pile up. I've tried everything mentioned here: calling daily, uploading extra documents, requesting supervisor escalations, keeping detailed logs. Nothing works. Every rep gives me a different story about what's supposedly happening with my claim. One said it was waiting for employer response, another said identity verification, another said there was no issue at all and it should process "soon." The system is clearly designed to wear people down until they give up. How many people have been forced to take jobs they're overqualified for or go into debt just because NYSDOL can't get their act together? This isn't just bureaucratic incompetence - it's actively harming New Yorkers when we're most vulnerable. I'm going to try the assembly member route and Claimyr service based on everyone's suggestions. At this point I'll try anything. Thanks to everyone who shared their experiences - at least we know we're not alone in this nightmare.
I feel your pain so deeply - 16 weeks is absolutely unacceptable and I can only imagine how much stress this is causing you. You're absolutely right that the system feels designed to make people give up, and it's infuriating that we have to become our own advocates just to get benefits we're legally entitled to. The contradictory information from different reps is probably the most maddening part because it makes you question everything. Your point about this actively harming people is so important - this isn't just an inconvenience, it's forcing people into impossible financial situations while they wait for a system that should be helping them. I really hope the assembly member and Claimyr approaches work for you. Please keep us updated if you make any progress, because honestly reading success stories in threads like this is sometimes the only thing that keeps me going. We're all in this together and your experience validates what so many of us are going through. Hang in there!
UPDATE: Success! After trying for days, I finally got through this morning. For anyone else struggling, here's what worked for me: 1. Called at exactly 8:00am 2. Used the menu sequence that people suggested here (1-5-2-1) 3. Still got disconnected 3 times 4. On the 4th try, got put on hold for 1.5 hours but FINALLY spoke to someone They fixed my issue in about 10 minutes once I got through. Apparently there was a "verification flag" on my account that needed to be removed. Thanks everyone for your help!
Congrats on getting through! I'm dealing with a similar situation right now - been calling for 2 weeks with no luck. Can I ask what time zone you're in? I want to make sure I'm calling at the right 8:00am (Eastern I assume?). Also, when you say you used the 1-5-2-1 sequence, did you wait for each menu to fully play out or did you press the numbers quickly? I've been pressing buttons too fast and wondering if that's part of my problem.
Ugh, I'm so sorry you're dealing with this. I was in your shoes last year and it was awful. Sending you good vibes and hope you get it sorted soon! ❤️
I went through something similar a few months back - 8 weeks of waiting and constant busy signals. What finally worked for me was calling the Spanish-language line (even though I don't speak Spanish fluent) and asking for an English translator. The wait times were much shorter and they were able to help me just the same. Also, try calling their disability line and explaining your situation - sometimes they can transfer you to the right department without you having to go through the main queue. The whole system is a mess, but don't lose hope! Keep documenting everything like Sofia mentioned - that paper trail saved me when I finally got through.
That's actually brilliant advice about the Spanish line! I never would have thought of that. The disability line trick is also clever - sometimes you gotta work the system to get around the system, you know? Thanks for sharing what worked for you, gives me hope that there are still ways to get through this mess 🙏
Zara Perez
Just to add - your rate also depends on your NAICS code (industry classification). Construction and seasonal businesses tend to have higher base rates than office-based businesses. Make sure your payroll company has the right industry code for your business because that affects your starting rate calculation.
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Keisha Williams
The 4.1% rate your payroll company quoted sounds correct for a newer employer. New York uses what's called a "standard rate" for businesses that haven't been operating long enough to establish an experience rating. After about 3-4 years of paying into the system with no claims, you should see that rate drop significantly - I've seen rates go as low as 0.3% for businesses with clean records. Just make sure your payroll company updates your rate when you get your annual notice from NYS DOL, because some don't automatically adjust it and you could end up overpaying.
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