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this whole system is so messed up... you can work somewhere for years and then they make your life hell but if you leave you might not get benefits. meanwhile people who barely worked get approved right away
I've been through something similar and the key thing I learned is that NYS Department of Labor really focuses on the employer's burden to prove misconduct. In my case, I was dealing with a supervisor who was creating impossible situations - giving contradictory instructions, setting unrealistic deadlines, then writing me up when I couldn't meet them. When I eventually got terminated for "performance issues," I was still approved for unemployment because the employer couldn't prove I was willfully violating policy or being insubordinate. The adjudicator told me that being bad at your job isn't misconduct if you're trying your best. Document everything though - dates, times, witnesses, emails. If your supervisor is creating a hostile environment, that paper trail will be crucial whether you end up getting fired or decide to quit for good cause.
same boat here, lost my restaurant job and trying to figure out if unemployment will even be worth it with all the hoops they make you jump through
It's definitely worth filing! Even if the process seems complicated, you've been paying into the system through your paychecks so you've earned those benefits. The weekly filing and job search requirements become routine after a few weeks. Don't let the bureaucracy discourage you from getting the financial support you need while job hunting.
Just went through this process myself after getting laid off from my office job. One thing to keep in mind is that your weekly benefit amount is roughly 50% of your average weekly wage, but capped at the maximum. With your $52k salary, you were making about $1,000 per week, so you'd likely qualify for around $430-450 weekly like others mentioned. Also heads up - you can choose to have taxes withheld (10% federal) when you set up your claim, which I'd recommend so you don't get hit with a big tax bill later. The money definitely helps cover basics while job searching!
Been there, it sucks but you'll be fine. Just make sure when you file weekly claims you're actively looking for work because NYS Department of Labor requires job search activities. Keep a log of where you apply. And if you have trouble getting through to speak with someone at NYS Department of Labor about your claim, I used this service called Claimyr (claimyr.com) that helped me get connected to an agent quickly. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling busy phone lines.
How does that Claimyr thing work exactly? Do they just call for you or what?
ugh the whole unemployment system is such a nightmare to navigate even when you ARE eligible. I was laid off last year and it took WEEKS to get my first payment because of some stupid adjudication hold that nobody could explain to me. Good luck getting anyone on the phone at NYS Department of Labor!
@CosmicCommander that's exactly what I'm worried about! The system seems so confusing and I really can't afford delays right now. Did you eventually get it sorted out or did you need to get help from someone?
One more thing to check - if you worked in multiple states in the past 18 months or had any 1099 income, that can sometimes cause verification delays. Also if your employer is disputing the claim for any reason, that would explain why it's taking so long. The adjudication process for disputed claims can take 6-8 weeks easily.
I'm going through the exact same thing right now - filed in mid-December and still stuck in "under review" status with no explanation. It's incredibly frustrating when you've done everything they asked and still get radio silence. I've been documenting everything (screenshots, call logs, submission confirmations) just in case I need to escalate this later. Has anyone had luck reaching out to their local state representative's office? I've heard they sometimes have direct contacts at the Department of Labor who can actually look into specific cases.
Dmitry Petrov
Make sure you keep applying for jobs while your claim is processing too. Even if you end up getting approved, you'll need to show job search activity for your weekly claims. NYS Department of Labor requires work search contacts now.
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James Martinez
I went through something very similar with a toxic manager situation. The key things that helped my case were: 1) Keep detailed records with dates/times of incidents, 2) Any written communications (emails, texts) showing the hostile behavior, 3) Witness statements from coworkers if possible. When you file, be very specific about how the work environment became intolerable - don't just say "hostile workplace" but explain the specific behaviors and how they affected your ability to work. Also document if you tried to resolve it through HR or management first. NYS DOL looks favorably on cases where you attempted to fix the situation before quitting. The emails and witness statements you mentioned should definitely help your case!
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Harper Hill
•This is really helpful advice! I'm in a similar situation right now and wondering - how detailed should the incident documentation be? Like should I include every single interaction or just the most serious ones? Also, did you have any issues with former coworkers being willing to provide witness statements? I'm worried some of mine might be hesitant since they still work there.
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Finley Garrett
•@Harper Hill I d'recommend documenting the most serious incidents in detail, but also keep a general timeline of everything - even smaller things can show a pattern of behavior. For witness statements, you might be surprised - some coworkers are willing to help if you approach them privately and explain you re'not trying to get anyone in trouble, just documenting what happened. You could also ask former employees who ve'left the company, as they might be more comfortable speaking up without fear of retaliation. Even if you can t'get witness statements, your own detailed documentation with dates and any written evidence can still be very compelling to NYS DOL.
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