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Wait, so refusing to work overtime is considered insubordination? I thought we had rights about mandatory overtime, especially with no notice. This whole situation sounds sketchy to me. I'd definitely file for benefits and if they deny it, appeal immediately. The worst they can say is no, but you might be surprised.
I went through a similar situation a few years ago. Got terminated for what they called "insubordination" but was really just me standing up for a reasonable work-life balance. Filed for unemployment immediately and it took about 4 weeks to get approved. The key thing is to be completely honest on your application but also clearly explain your side of the story. Document everything you can remember - time, date, witnesses, exactly what was said. NYS Department of Labor actually has pretty good worker protections compared to other states. Your employer will likely contest it, but that's standard procedure. Don't let that discourage you from filing.
This is really encouraging to hear from someone who went through something similar! Four weeks sounds reasonable. Did your employer end up contesting your claim, and if so, did you have to go through a phone hearing or was it resolved through documentation? I'm trying to prepare myself for what might come next after I file.
To add some clarification: The NYSDOL payment system has specific processing windows. Claims are batched and sent to the payment processor, which then initiates the bank transfer. For most banks, if the DOL processes your claim in Tuesday's batch, it won't appear in your account until Wednesday. If you need to track exactly when your payment was processed, log into your account and check the "Payment History" section. There you'll see the exact date the payment was released, which helps predict when it will hit your bank.
This is really helpful info! I'm new to NY unemployment and was wondering about the timing myself. Just to confirm - if I claim on Sunday before 7pm, I should expect payment on Tuesday? And if I miss that window, it gets pushed to Wednesday? Want to make sure I understand the schedule correctly since I'm still figuring out the best time to certify each week.
UPDATE: My payment finally processed! It took 4 days but it's now showing as 'paid' in my payment history. For anyone else experiencing this issue, I ended up using the Claimyr service mentioned above and got through to an agent in about 45 minutes (after trying for days on my own with no success). The agent told me there was a system delay affecting a batch of claims from the 8/8 certification week, and they had to manually push mine through. Thanks everyone for your help and suggestions!
Glad to hear it worked out for you! It's always good practice to keep documentation of these issues - screenshot your payment history showing the delay, save any correspondence, etc. This creates a paper trail if you have similar issues in the future. The system batch delay explanation makes sense - that's a common issue that happens a few times a year, unfortunately.
Just wanted to jump in here as someone who's been dealing with NY unemployment for almost a year now. I had a similar delay back in June - my payment was stuck on pending for 6 days and I was absolutely panicking. Like others mentioned, the phone system is basically useless unless you have hours to burn on hold. What I learned is that these batch processing delays happen more often than they should, usually when they're doing system maintenance or updates. The frustrating part is they never announce these delays ahead of time. I'm glad to see yours got resolved @Ravi! For anyone else dealing with this, definitely try the Claimyr service or contact your assemblyperson if waiting it out doesn't work. And always screenshot everything - I keep a folder of all my payment confirmations and certification records just in case.
This is really helpful to know! I'm new to unemployment benefits and had no idea these batch delays were a regular thing. It's crazy that they don't give any heads up when this stuff happens - would save everyone so much stress and panic. I'm definitely going to start keeping screenshots like you suggested. Thanks for sharing your experience!
Filing online was easy for me but then my claim got stuck in adjudication for 3 weeks. Apparently they needed to verify my employment even though I uploaded all my documents. The whole system is a mess honestly.
Just went through this process last month and wanted to add that you should also gather your pay stubs from the last few weeks if you have them. While not always required, they can help speed up the process if there are any questions about your earnings. Also, if you were laid off due to company downsizing or closure, make sure you have any documentation about that - it can help avoid delays since it clearly shows the separation wasn't due to misconduct.
NebulaNova
Here's what I learned the hard way: NY unemployment doesn't care about your business struggles - they only care if you're available for full-time work. If you tell them you're still trying to save your business while looking for jobs, they'll deny you. You need to be crystal clear that your business is effectively closed (even if legally still exists) and you're 100% available for full-time employment.
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Isabella Ferreira
Been lurking here for a while but finally creating an account to share what worked for me. I was in almost the exact same situation with my catering business in 2023 - spent years building it up, then supply costs killed my margins and I couldn't pay myself for months. The key insight that saved me: you CAN get unemployment as a business owner IF you've been paying yourself W-2 wages and UI taxes (which it sounds like you have). The trick is formally laying yourself off from your own business while being genuinely available for full-time work. I kept my LLC active but stopped all operations and client work. Document everything - the date you stopped working, your job search efforts, financial records showing no income. Most importantly, when you apply, be very clear that your business operations have ceased and you're seeking full-time employment. Don't mention trying to "save" the business - that signals you're not fully available for work. I know it feels like giving up on your dream, but you can always restart operations later when you're financially stable. The unemployment benefits gave me breathing room to find a good job, and now I'm actually planning to restart my catering business as a side venture. Hang in there - 9 years of experience doesn't just disappear!
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Carmen Ortiz
•This gives me so much hope! I've been wrestling with this exact dilemma - feeling like I'm abandoning everything I built vs. needing to survive financially. Your point about documenting the date operations ceased is really smart. Did you find the unemployment office was understanding once you explained the situation properly, or did you have to fight for approval?
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Natasha Volkov
•This is incredibly helpful and gives me hope! I'm in almost the exact same boat with my woodworking shop. The part about formally laying myself off while keeping the LLC active is brilliant - I never thought about structuring it that way. Just to clarify, when you say you stopped all operations, did that mean you couldn't even do basic maintenance on equipment or respond to potential customer inquiries? I'm trying to understand exactly where the line is drawn between "ceased operations" and maintaining the business entity.
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