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Just keep filing those weekly claims! That's the most important thing. Even if your initial claim is still processing, you need to maintain your weekly certifications or you'll lose those weeks permanently.
I'm in a similar situation - filed my claim 8 days ago and still showing "processing" status. The anxiety about bills piling up is real! From what I'm reading here, it sounds like 10 days is still pretty normal timing. Have you tried calling the NYS DOL phone line at all, or are you just monitoring online? I've been hesitant to call because I heard the wait times are brutal, but maybe it's worth a shot if we don't see movement in the next few days.
Make sure you keep copies of everything you submit. NYS Department of Labor sometimes loses paperwork and you'll need to resubmit. Also check if your state has an employer portal online - might be easier than fax or mail.
I went through this process last year and here's what worked for me: respond to that initial notice immediately with ALL your documentation - don't wait. Include the attendance policy, signed acknowledgment from the employee, time records showing violations, the written warning, and detailed incident reports for the insubordination. NYS Department of Labor looks for a clear pattern of misconduct, not just isolated incidents. Also, keep in mind they'll interview the employee too, so make sure your documentation tells a complete story. The hearing process can be stressful but if you have solid documentation, you have a good chance of winning the appeal.
Henry, I went through something similar last year. Performance issues alone typically don't constitute misconduct unless there was willful negligence or insubordination. The key question is whether you were genuinely trying to do your job vs. deliberately violating policies. As for the freelance work, as long as you reported it properly and it didn't interfere with your main job duties, it shouldn't disqualify you. I'd strongly recommend applying - NYS Department of Labor will review your specific case and make the determination. You can always appeal if they initially deny you. The application is free and you have nothing to lose by trying.
This is really good advice Grace. I'm in a similar boat - got let go for "performance issues" but I was genuinely struggling with some personal stuff that affected my work. It wasn't like I was being lazy or defiant on purpose. The whole misconduct thing seems to be more about whether you were deliberately doing something wrong rather than just having a hard time meeting expectations. I keep second-guessing myself about whether to apply but you're right that there's no harm in trying. The worst case is they say no and I'm in the same position I'm in now.
Henry, I'd definitely echo what others have said about applying anyway. I was in a similar situation where I was terminated for "poor performance" after struggling to meet sales targets, and I was convinced I'd be automatically disqualified. Turns out NYS Department of Labor approved my claim because they determined it wasn't misconduct - just a poor fit between my skills and the job requirements. The key distinction they look for is whether you were willfully violating company policies or just unable to perform despite good faith efforts. From what you've described, it sounds like you were trying your best but had performance struggles, which is very different from misconduct. The freelance work shouldn't be an issue as long as you can show it didn't conflict with your primary employment. Don't let fear of rejection stop you from potentially getting benefits you're entitled to - the application process is straightforward and you'll get a clear answer either way.
Yeah I agree with everyone saying document everything. Also look into whether your situation might qualify under New York's expanded good cause definitions. They've updated some rules in recent years.
I went through something similar last year and was able to get unemployment after quitting due to a hostile work environment. The key things that helped me were: 1) I documented every incident with dates, times, and any witnesses, 2) I sent an email to my supervisor outlining the issues and asking for them to be addressed (which they ignored), and 3) I kept screenshots of inappropriate messages/communications. When I applied for UI, I had to do a phone interview where I explained everything in detail. It took about 4 weeks to get approved, but having all that documentation made the difference. Don't just quit without building a paper trail first - NYS Department of Labor really does need proof that you tried to resolve the issues before leaving.
This is really helpful, thank you! The part about sending an email to your supervisor documenting the issues is smart - it shows you tried to address things internally first. Did you have to provide all that documentation upfront when you applied, or did they request it later during the interview process? I'm trying to figure out how much evidence I need to gather before making any moves.
Chloe Zhang
This is exactly why I'm running out of hair at 32 😂 The NY unemployment system and ID.me should just get married since they both love making our lives difficult. One thing that helped me was having a friend who's good with tech walk me through each step on a video call (not the ID.me one lol). Sometimes just having another set of eyes helps catch the little things.
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Freya Collins
I'm dealing with the exact same ID.me nightmare right now! Been stuck for 3 weeks after my video call got cut off. The most frustrating part is you can't even get back into the queue easily. I found that trying to access the ID.me portal through different entry points sometimes works - like going through the NY DOL site vs going directly to ID.me. Also, if you have any friends or family who work in government offices, they might know someone who can help escalate your case. This whole system is beyond broken and they know it. Hang in there! 💪
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