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Getting through to NYS Department of Labor to ask questions about this kind of situation can be really frustrating with their phone lines always busy. I had luck using a service called Claimyr (claimyr.com) that helped me get connected to an actual agent when I had a complex situation like this. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made it so much easier to get my questions answered directly.
The system is honestly pretty straightforward once you get started. Just be prepared for the initial claim to take a week or two to process, and your first payment might be delayed while they verify everything. Don't panic if it's not instant - that's normal.
Hey Connor! I was in a similar situation when I got laid off from my first job. One thing that really helped me was having all my documents organized before starting the application. Make sure you have your Social Security card, driver's license, and any employment documents handy. Also, try to apply as soon as possible - there's usually a waiting period before benefits start, so the sooner you file, the better. The my.ny.gov website can be a bit overwhelming at first, but just take it step by step. Don't worry if you make mistakes on your first try - you can always call or reapply if needed. You've got this!
ugh the whole system is so frustrating... they make you jump through hoops even when employers fire people unfairly. I've been trying to get through to someone at NYS Department of Labor for weeks about my own case
If you're having trouble reaching NYS Department of Labor by phone, I recently found this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling and getting disconnected.
Don't give up! I thought for sure I'd be denied because my boss claimed I was insubordinate but NYS Department of Labor saw through their BS. The adjudication took about 3 weeks but I got approved. Make sure you provide your side of the story when they contact you for the fact-finding interview.
Thank you all for the helpful responses! I'm going to: 1) Talk to my boss about the NY Paid Sick Leave law they might not know about, 2) Look into disability benefits even though the 7-day waiting period might make it impractical, and 3) Use Claimyr to reach someone at DOL if I can't get through on my own tomorrow. I really appreciate all the guidance - this community is amazing!
I'm new to this community but wanted to share my recent experience since it might help. I had COVID in February and was out for 6 days. Like you, I work for a small business (8 employees) and they claimed they didn't offer paid sick leave. After reading about NY's Paid Sick Leave law, I approached my boss with the info and it turns out they genuinely didn't know about the requirement! They ended up paying me for those days retroactively. It's worth having that conversation - many small business owners aren't trying to be malicious, they just don't know all the labor laws. Also, I did apply for NY Disability Benefits as a backup but you're right about the 7-day waiting period being a problem for shorter illnesses. Hope you feel better soon and get this sorted out!
Welcome to the community @Kai Santiago! That's really encouraging to hear that your boss was willing to pay retroactively once they learned about the law. It gives me hope that my conversation will go similarly well. I'm definitely feeling optimistic about approaching this as an education opportunity rather than a confrontation. Thanks for sharing your experience and for the well wishes!
Fatima Al-Sayed
wait so if your boss cuts your hours you can still get unemployment?? I thought you had to be fired or laid off
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ThunderBolt7
•Yes, if the hour reduction is substantial enough it can qualify as constructive dismissal. Generally needs to be a significant decrease that would force a reasonable person to quit.
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Ethan Moore
Make sure to submit your appeal within the 30-day deadline - that's crucial! Also request a hearing if you want to present your case in person. In your letter, be very clear about the timeline of events leading up to your "quit" - when did the hour reduction happen, what exactly did your boss say, and how long were you expected to work just 8 hours per week. The key is showing that no reasonable person could continue working under those conditions. Keep a copy of everything you send for your records.
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