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just make sure you document everything from your job - any emails, performance reviews, etc. if your employer tries to fight the claim you'll need proof
I went through this exact situation a few months ago - also retail, also "performance issues" with no formal documentation. The good news is that NYS Department of Labor generally sides with employees when employers can't provide concrete evidence of misconduct. The lack of written warnings actually works in your favor because it shows they didn't follow progressive discipline. File your claim ASAP since there's a waiting period, and be honest about the circumstances when you apply. Even if your employer contests it (which they might to avoid their unemployment insurance rates going up), you'll likely win an appeal hearing. Hang in there - the process can be stressful but you should be able to get benefits while you job search.
just report it when you file weekly, they'll figure out the math for you. i've been doing gig work and reporting everything, still getting partial payments. better safe than sorry with these people
I'm in a similar situation and was really nervous about this too! From what I've researched, NYS actually encourages part-time work while collecting unemployment - they call it "partial unemployment benefits." The key is being completely transparent on your weekly certification. When you file, there will be questions about any work performed that week and gross earnings. Report everything exactly as it happened. The system will automatically calculate your reduced benefit amount. From what I understand, they use a formula where they subtract a portion of your earnings from your weekly benefit rate, but you can still receive something as long as your total earnings aren't too high. Don't let fear stop you from taking the job - just follow the reporting requirements and you'll be fine!
This is really helpful information! I'm in a similar situation where I missed my interview last week and have been panicking about getting my benefits back. Reading through all these responses gives me hope that it's fixable. I'm definitely going to try calling (835) 209-5467 first thing tomorrow morning at 8am sharp. One question - for those who successfully got through and had their benefits reinstated, how long did it typically take from the rescheduled interview to actually seeing payments resume? I'm trying to plan my finances accordingly since I've already been without benefits for over a week now. Thanks to everyone sharing their experiences - this community is a lifesaver!
Hey Chloe! I'm actually in the exact same boat - missed my interview last week and just found this thread today. From what I'm reading here, it sounds like once you complete the rescheduled interview successfully, benefits typically resume within 3-5 business days. Sara mentioned that timeframe in her update, and a few others seemed to confirm similar experiences. I'm planning to call that number tomorrow morning too - maybe we'll both get through! The key seems to be calling right at 8am when they open. Good luck with your call, and thanks for asking that question about payment timing - I was wondering the same thing but was too nervous to ask!
I've been following this thread closely since I'm dealing with a similar situation. Just wanted to share that I called (835) 209-5467 this morning right at 8:00 AM and got through after about 45 minutes on hold. The representative was really helpful and understanding about my missed interview. A few tips for anyone calling: - Have your NY.gov login info ready before you call - Write down your explanation beforehand so you don't fumble when they ask - They'll ask for your case number (found on any DOL letters you've received) - Be prepared to give specific dates of when you tried calling back The agent scheduled my new interview for next week and said to keep certifying weekly even while suspended. She also mentioned that if you're calling about a missed interview, don't hang up even if the hold time seems really long - they prioritize these calls but it can still take time to get through. Feeling much more hopeful now that I know this is definitely fixable! Thanks to everyone who shared their experiences here.
This is so encouraging to hear! I've been stressed about this for days and reading everyone's success stories is giving me hope. Quick question - when they scheduled your new interview, did they give you a specific time or just a day? I want to make absolutely sure I don't miss this next one. Also, did you mention that you had tried calling back multiple times after missing the original call? I'm wondering if that helps show good faith effort. Thanks for sharing all those helpful tips!
just went thru this last month, took about 3 weeks for me. the waiting is the worst part but they do eventually get to it. make sure ur keeping track of all ur weekly filings because once its approved you'll get backpay for all the weeks you were waiting
I'm going through the exact same thing right now - filed in December and been in adjudication for about 10 days due to a separation issue. The uncertainty is definitely stressful when you're counting on those payments. From what I'm reading here it sounds like 3-4 weeks is pretty typical, which gives me some hope. I've been continuing to file my weekly claims like others suggested. Has anyone had success with the secure messaging system on the NY.gov website for getting updates? I haven't tried that yet but might be worth a shot if calling isn't working.
I tried the secure messaging system about a week ago but haven't gotten a response yet. It might be worth trying since it's another avenue, but don't expect a quick turnaround. At least with messaging you have a written record of your inquiry. The waiting really is the hardest part - I keep checking my account obsessively hoping to see some movement. Hang in there, sounds like we're both in the same boat timing-wise.
Taylor Chen
Your UI tax rate can go up if you have too many successful claims against your account, so it's definitely worth contesting if you have good documentation of misconduct.
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StarSailor
•That's a really good point about the tax rate impact. I didn't realize that having claims against your account could affect your rates going forward. Definitely makes it worth the effort to contest if you have solid documentation.
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Michael Adams
Just want to add that you should respond to any NYS Department of Labor notices quickly - I think you only have 10 days to contest a claim once they notify you. Also keep copies of everything you submit because sometimes they lose paperwork and you'll need to resubmit. The system can be frustrating but it's worth fighting if you have clear evidence of misconduct rather than just poor performance.
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