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Just went through this exact situation a few months ago! My former employer claimed I was terminated for "insubordination" when really I was just asking questions about unsafe working conditions. The hearing was less intimidating than I expected - it was done over the phone and lasted about 30 minutes. The judge asked me to explain my side first, then my employer presented their case. I had screenshots of our text conversations and my original job description which helped prove I wasn't being insubordinate. Won the case and got all my back benefits. The key is having documentation and staying calm during questioning. Good luck with your hearing!
That's really encouraging to hear! I'm glad you were able to document everything with texts and job descriptions. I'm realizing I should probably gather up any emails or messages I have from my manager about my performance. Did you have a lawyer or represent yourself? I'm trying to figure out if I need legal help or if I can handle this on my own like you did.
I went through something similar last year with a retail chain that contested my claim. What I learned is that some companies have automated systems that flag ANY termination for a contest, regardless of the actual circumstances. They're banking on people not showing up to defend themselves. For your hearing, focus on the fact that your termination letter specifically says "poor performance" - that's actually great documentation in your favor since poor performance typically doesn't constitute misconduct under NY law. The burden is on them to prove you committed willful misconduct, not just that you weren't meeting expectations. Document everything you can remember about your final weeks there and any conversations with management. You've got this!
hi everyone quick question thats kind of related but a bit different... if i only certified for unemployment for 1 day of work missed instead of the whole week, can i go back and fix that? sorry to hijack the thread but figured someone here might know
Update: I finally got through to NYSDOL after using Claimyr (thanks for the recommendation!). The agent reviewed my case and said they would allow me to certify for the missed weeks because I had documentation showing I was waiting for an eligibility determination and missed the notification. They're backdating 9 weeks! I have to wait 2-3 weeks for processing but at least it's approved. For anyone else in this situation - definitely call, have documentation ready, and be polite but persistent!
Great outcome! This is exactly why it's always worth pursuing these issues with NYSDOL rather than assuming nothing can be done. Documentation is absolutely key in these situations.
I feel your pain! I went through this same nightmare about 6 months ago. My KeyBank card took exactly 9 business days to arrive, and yes, all the money was already loaded on it when I activated it. The worst part is they send it in this super plain envelope that looks like junk mail - I almost threw mine away! Here's what helped me: I called KeyBank at 1-866-295-2955 around 8am and they were able to confirm my card had been mailed and give me the expected delivery window. Way more helpful than trying to get through to the unemployment office. Also, the second you get that card, log into the KeyBank website and set up direct deposit to your regular bank account so you never have to deal with this waiting game again. Hang in there - I know how stressful it is when rent is due and you're living on ramen. Your money is sitting there waiting for you, it's just the delivery that sucks. Check your mail really carefully for anything that doesn't look important!
This is super helpful! I had no idea they send it in such a plain envelope - I definitely would have thrown that away thinking it was junk mail. I'm going to call KeyBank first thing tomorrow morning at 8am like you suggested. It's reassuring to know that all the money will already be loaded when I get it. The direct deposit tip is gold too - I'll set that up immediately so I never have to go through this stress again. Thanks for sharing your experience, it really helps to know I'm not alone in this frustrating process!
I went through this exact same situation about 8 months ago and I totally understand the stress! My KeyBank card took 11 business days to arrive, which felt like an eternity when I was broke and anxious. The good news is that once you get it and activate it, all your released payments will already be loaded on there - you don't have to wait for them to transfer the money after activation. A few things that might help while you wait: - Check your mail super carefully - the card comes in a plain white envelope that seriously looks like junk mail - Call KeyBank at 1-866-295-2955 early in the morning (around 8am) to confirm they have your correct address and when it was mailed - If you're really desperate to talk to unemployment, I've heard good things about that claimyr service others mentioned - they basically wait on hold for you The waiting is the worst part but your money is secure and coming! Once you get the card, definitely set up direct deposit to your regular bank right away through the KeyBank website so you never have to deal with this card delivery stress again. Hang in there - I know how rough it is surviving on ramen while waiting for benefits! 🙏
Just wanted to add that you should definitely keep all your unemployment paperwork organized. When it's time to recertify for SNAP they'll want to see your benefit statements from NYS Department of Labor.
Don't let fear keep you from filing for unemployment - you worked for those benefits! I went through something similar when I lost my restaurant job a few years back. The key thing to remember is that unemployment is insurance you and your employer paid into, not a handout. Yes, it counts as income for SNAP calculations, but that just means they'll adjust your benefit amount based on your new income level. You won't automatically lose SNAP eligibility. The important thing is to report your unemployment income to your SNAP caseworker as soon as you start receiving it. This keeps you in compliance and prevents any issues down the road. File that claim ASAP - restaurants are hiring again but unemployment will help bridge the gap while you're job hunting.
Dmitri Volkov
The fact that the NY unemployment system is still this broken is absolutely insane. It's been like this for YEARS. Nobody cares because politicians don't have to deal with it. I'd recommend documenting everything and also filing a complaint with the state ombudsman's office.
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Gabrielle Dubois
•👆 THIS! The ombudsman actually helped my sister after 4 months of getting nowhere
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Reina Salazar
I'm going through the exact same situation right now - filed in early June, got my determination letter saying I qualify for $412/week, but it's been 8 weeks of "pending" status with zero payments. The frustration is real! I've been calling nonstop but can never get through. Reading through everyone's experiences here gives me some hope that it will eventually get resolved, even though the waiting is killing me financially. Going to try some of the suggestions mentioned here like contacting my assembly person and maybe that calling service people have mentioned. Thanks for posting this - at least I know I'm not alone in this nightmare!
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Jacob Lee
•Ugh, I feel your pain! Same boat here - filed in late May and it's been nothing but "pending" hell for weeks now. The worst part is not knowing WHY it's stuck or when it might get fixed. I've been trying the early morning calling strategy but still can't break through. Let me know if the assembly person route works for you - might try that myself if I keep getting nowhere!
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