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Make sure you participate in the hearing even if you think it's hopeless! If you don't show up or respond, they'll automatically rule in favor of the employee. The hearing is your chance to present your side of the story. Be factual, stick to the documentation, and don't let emotions get involved even if the employee says things that aren't true.
I've been through several of these hearings as an HR manager. One thing that really helped me was creating a timeline document that shows the progression of the attendance issues - dates of absences, warnings given, meetings held, etc. Also, if you have any documentation showing the employee acknowledged the attendance policy (like a signed handbook receipt), make sure to include that. The judges really look for whether the employee knew the rules and chose to violate them repeatedly. Stay calm during the hearing and answer only what's asked - don't volunteer extra information that could hurt your case.
The website is back up now. Just successfully logged in and was able to access all features. They've added some new security measures - you'll need to reverify your identity with the new two-factor authentication system they've implemented. Have your phone ready to receive a text code when logging in.
Thanks everyone for all the helpful info in this thread! I was also locked out since Tuesday and was getting really stressed about missing my certification deadline. I tried the phone system at 1-888-581-5812 like some of you suggested and it worked perfectly - much faster than I expected. For anyone still having trouble, I found that calling around 7 AM seemed to have shorter wait times. Also confirmed the website is back up now with the new 2FA system. Really appreciate this community having each other's backs during these technical issues!
This is so helpful! I'm new to the NY unemployment system and was panicking when I couldn't access the website yesterday. Reading through everyone's experiences here really calmed my nerves. Good to know about the 7 AM call time tip - I'll remember that for future issues. It's reassuring to see people looking out for each other in situations like this!
wait so if I quit can I still file weekly claims while they're deciding? or do I have to wait until the adjudication is over? this is so confusing
You can file your initial claim and continue filing weekly certifications during the adjudication process, but you won't receive any payments until they make a decision. If they approve your claim, you'll get backpay for those weeks. If they deny it, you won't get anything. So definitely file right away to preserve your claim date - just don't count on the money until the decision comes through.
I'm going through something similar right now and wanted to share what I learned from speaking with a NYS Department of Labor rep last week. They emphasized that "constructive discharge" is what you're looking for - basically when working conditions become so intolerable that a reasonable person would feel compelled to quit. But here's the catch: you MUST attempt to resolve the issue through internal channels first (HR, management, etc.) and document their response (or lack thereof). They also mentioned that timing matters - if you wait too long after the hostile incidents to quit, it can hurt your case. I'd recommend keeping a detailed log of every incident with dates, times, witnesses, and any steps you took to address it. Also consider filing a complaint with the NY State Division of Human Rights if the hostility is based on protected characteristics - having that on record can strengthen your unemployment claim.
This is really helpful info about constructive discharge - thank you! The timing aspect is something I hadn't considered. How long is "too long" in their eyes? My situation has been getting progressively worse over the past few months, but the really bad incidents have been more recent. Should I be documenting every single interaction or just the major hostile incidents?
honestly employers shouldn't be able to contest claims unless there's actual misconduct involved... like if someone just gets laid off due to budget cuts why should the company be able to fight it
I totally agree! It seems like the system should distinguish between layoffs/downsizing versus situations where there's actual employee misconduct. When companies are just trying to save money on their UI tax rates by disputing legitimate claims, it just makes an already stressful situation even worse for people who are already out of work through no fault of their own.
Just went through this process myself a few months ago. My employer definitely tried to claim I was fired for performance issues when I was actually part of a reduction in force. The good news is that NYS DOL investigators are pretty good at seeing through bogus employer responses - they asked for documentation that my company couldn't provide. The whole adjudication process took about 3 weeks but I eventually got approved and received back pay for the delayed period. Don't let employer pushback discourage you from filing if you're legitimately entitled to benefits.
Carmen Diaz
MAKE SURE you have documents ready when you finally get through to someone! They'll want your employment history for the past 18 months, including exact start/end dates and employer contact info. Also have your ID ready. They've gotten super strict about verification since all the fraud cases.
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Liam Brown
This is such a common issue right now! I had the exact same problem last month - my BYE date passed and the system just wouldn't show the option to file a new claim. I tried everything - different browsers, clearing cache, logging in/out multiple times. Nothing worked. The problem is definitely on their end - their system has been having issues since they did some updates earlier this year. You're going to need to speak with an actual person to get it sorted out. I know calling is a nightmare right now, but that's really the only way to get this fixed. When you do get through, they can file the new claim for you over the phone pretty quickly. Just make sure you don't let too much time pass - you want to get this resolved before your extension runs out completely. And like someone else mentioned, keep certifying on your current claim until this gets sorted out to avoid any gaps. Good luck!
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