UGH employers who try to appeal legitimate claims are the worst!! My last company did this to THREE people I know just to be spiteful. NYS Department of Labor sees right through these petty appeals most of the time. Don't let them intimidate you!

I went through something similar a few months ago. The 30-day deadline is firm - I was so paranoid I actually called NYS Department of Labor to confirm when my employer's deadline was. The representative told me that once those 30 days pass from when they received the determination notice, employers need to show "good cause" for any late appeal, which is really hard to prove. Things like not receiving mail due to address changes or serious illness might qualify, but general business or spite doesn't cut it. Since you were approved last month and it's been over 6 weeks, you should be in the clear. Keep all your documentation just in case, but try not to stress too much about it!

Don't forget to include the determination number from your letter and be super clear about what decision you're appealing. I made the mistake of being vague in my first appeal and they rejected it for lack of specificity. Had to start over.

Also make sure to write a timeline of events leading up to your layoff. Include specific dates when you first heard about budget issues, any meetings about restructuring, the exact date you were notified of termination, and your last day of work. This helps establish a clear pattern that shows it was the company's decision, not yours. I'd also suggest getting a letter from HR or your manager if possible confirming the layoff was due to budget cuts. The more documentation you have, the stronger your case will be.

call them asap! dont wait around like i did. my claim had an easy fix but i waited 6 weeks for nothing

Been in the exact same boat for about 3 weeks now. That "determining benefits" message is basically their default while they work through the backlog. From what I've seen in other threads, most people get their determination within 2-4 weeks after the waiting period, but it varies a lot depending on how backed up they are. The good news is that when it does come through, you'll get all the back payments at once. Just make sure you keep certifying every week even though you're not getting paid yet - that's super important or you'll lose those weeks. I'd give it another week before calling, but if you're really stressed about it, that claimyr service people mentioned seems legit based on the reviews I've seen. Good luck! 🤞

Make sure you request the hearing be conducted in writing if you're not comfortable speaking. You have that right and sometimes it's easier to present your case clearly in a written statement with all your evidence attached.

I went through this exact situation about 6 months ago and won my appeal! The most important thing is to create a timeline showing exactly what you reported each week versus what you actually earned. I made a spreadsheet with columns for: week ending date, gross earnings, hours worked, what I reported on my weekly claim, and any notes about why I reported it that way. The hearing officer could see that I was consistently following the same reporting method based on how I understood the instructions. Also, if you ever called the NYS Department of Labor helpline for guidance on how to report earnings, mention that in your appeal - it shows you were trying to do the right thing. Good luck, don't let them intimidate you into paying if you genuinely reported everything correctly!

This whole AI thing is just the beginning. Companies are going to keep replacing people with computers and the government isn't doing anything to protect workers. At least unemployment benefits exist but they're not gonna last forever if everyone loses their jobs to machines.

I'm going through something similar right now - my company just announced they're "streamlining operations" with new software that basically does what my whole department used to do. Haven't been laid off yet but writing is on the wall. Really appreciate everyone sharing their experiences here because I had no idea how unemployment would work in this situation. Good to know NYS treats it as lack of work rather than some weird gray area. Saving all this info for when I inevitably need it.