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just make sure you understand that even if you win the appeal you might not get backpay right away - took them like 3 months to process mine after i won
The appeal process can definitely feel overwhelming but you're absolutely right to pursue it if your employer is making false claims about misconduct. I went through something similar where my employer tried to claim I was terminated for cause when I was actually laid off due to budget cuts. The key things that helped me win were: 1) Keep detailed records of everything - save any performance reviews, emails, or documentation that shows you were a good employee, 2) If there were any witnesses to conversations about your termination, ask them if they'd be willing to testify, and 3) Practice explaining your side of the story clearly and calmly. The judges really do listen to both sides fairly. Also remember that the burden is on your employer to prove misconduct occurred, not on you to prove it didn't. Stay organized with your paperwork and don't let the legal-sounding process intimidate you!
same boat here OP, filed regular UI then found out about standby later. everything worked out fine just had to update my status
This is exactly why I wish NYS Department of Labor would create a simple flowchart or decision tree on their website! Like "Is your employer expecting to recall you within 8 weeks? Yes = standby status, No = regular UI." It's frustrating that we have to piece this information together from forums and hope we're interpreting it correctly. At least this thread is super helpful - I'm bookmarking it in case I ever need to reference the standby vs shared work vs regular UI differences again.
just keep filing every week and eventually it will go through, took mine like a month to get approved but I got all the back pay
@Paolo Conti - I went through the exact same thing last year! The key points everyone mentioned are spot on: 1) Keep filing your weekly claims even while pending - this is crucial! 2) NY has no waiting period, so you're eligible from week 1 if approved 3) The pending status is normal while they verify everything. One thing that helped me was checking my online account regularly for any requests for additional documents - sometimes they ask for pay stubs or separation paperwork and if you miss those requests it delays everything even more. Also make sure you're documenting your job search activities because they can ask for that info during the review process. Hang in there, it's stressful but once it gets approved you should get all the back pay for the weeks you've been filing!
@Emma Thompson This is really helpful advice! I didn t'realize they might request additional documents during the review - I ve'been checking my account but maybe not frequently enough. Quick question - when you say documenting "job search activities, do" you mean keeping a list of where you applied? I ve'been applying to jobs but haven t'been keeping detailed records. Should I start doing that now even though my claim is still pending?
The NYS Department of Labor system is such a nightmare. I've been fighting with them for months over an overpayment notice that makes no sense. They want me to pay back money I never even received! Good luck getting any straight answers from them.
Hey @AstroAdventurer, I went through this exact same process about 6 months ago when I got laid off from my bartending job in Manhattan. The benefit calculation can be tricky but here's what I learned: NYC location doesn't change the benefit amount - it's all based on NYS rates. One thing that helped me was keeping detailed records of all my reported tips since those count toward your base period wages. Also, don't stress too much about the exact amount until you get your monetary determination letter - mine was actually higher than I calculated because I forgot about some overtime pay from busy holiday shifts. The key is to file ASAP since there's a waiting period, and make sure you're doing your weekly certifications on time. The job search requirement is real but there are tons of restaurant jobs in NYC right now so you should be able to find something. Good luck!
@Mei Zhang This is super helpful, thank you! I didn t'even think about the overtime pay from busy shifts - I definitely had some of those during the holidays. Quick question - when you say file "ASAP ,"how long do I have before it affects my benefits? I m'planning to file this week but want to make sure I m'not missing any deadlines. Also, did you find the weekly certification process confusing at first? I m'worried I ll'mess something up and delay my payments.
@Mei Zhang Thanks so much for sharing your experience! That s'really encouraging to hear that your actual amount was higher than expected. I m'definitely going to dig through my old pay stubs to make sure I account for all the holiday overtime - we were slammed during New Year s'week. Did you have any trouble with the weekly certification questions? I keep hearing people say they re'tricky and I m'nervous about accidentally saying something wrong that could mess up my claim.
James Johnson
good luck with that, the system is rigged against workers. I had a slam dunk case with documented harassment and they still denied me initially. Took 4 months of appeals to finally get approved
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Ethan Taylor
I went through a similar situation last year and won my appeal. The key is being very specific about how the hostile environment affected your ability to do your job. Don't just list incidents - explain how each one made it impossible to continue working there. Also, if you have any medical documentation showing stress or anxiety from the situation, that can really strengthen your case. The hearing officer wants to see that you exhausted all reasonable options before quitting. Keep pushing - these cases can be won with the right evidence and presentation.
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Roger Romero
•@Ethan Taylor This is really helpful advice, thank you! Did you have to get a lawyer for your hearing or were you able to represent yourself? I m'worried about the cost but also don t'want to mess up my one chance at appeal.
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