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One more thing to consider - if you can get your employer to lay you off instead of resigning, that would make you automatically eligible for unemployment. Sometimes if you approach HR about the hostile work environment, they might prefer to let you go rather than deal with a potential lawsuit. Just something to think about as an alternative strategy.
I went through something similar with a toxic manager about 2 years ago. The harassment was mainly verbal too, but I started keeping a detailed journal of every incident - date, time, what was said, any witnesses present. I also sent follow-up emails to my supervisor after difficult conversations "just to confirm what we discussed" - that way I had written records. When I finally quit and applied for unemployment, NYS Department of Labor initially denied me but I appealed with all my documentation. It took about 6 weeks total but they eventually approved my claim. The key was showing a pattern of behavior that made continuing to work there unreasonable. Start documenting everything now, even if you're not sure you'll quit yet.
I went through this exact situation last year with a 6-month contract that ended. NYS Department of Labor approved my claim based on my previous W-2 work history, even though my most recent job was 1099. The key documents they wanted were my last few pay stubs from W-2 jobs and my Social Security earnings record to verify my base period wages. Don't stress about the contract classification issue right now - just file online at labor.ny.gov and let them sort it out. The worst they can say is no, but you won't know unless you apply. Good luck!
I'm in a very similar situation - just finished a 10-month contract role where I was classified as 1099 but worked like a regular employee (fixed schedule, company laptop, attended team meetings, etc.). Reading these responses gives me hope! I've been hesitant to file because I wasn't sure if my previous W-2 earnings would count, but it sounds like NYS Department of Labor bases eligibility on your employment history, not just your most recent work. Planning to file online this weekend. Thanks everyone for sharing your experiences - this thread is more helpful than the official DOL website!
@Ali Anderson Your situation sounds almost identical to mine! The fixed schedule and company equipment are strong indicators that you might have been misclassified as a contractor. I m'planning to file this week too after reading everyone s'advice here. Maybe we can update each other on how the process goes? It s'reassuring to know others have successfully navigated this with NYS Department of Labor.
I've been in construction for over a decade and can confirm this is completely normal. NYS Department of Labor definitely understands seasonal patterns in construction - they see thousands of claims like this every winter. The key things to remember: file your claim as soon as you're laid off, keep detailed records of your job search activities (even if you plan to return to the same employer), and don't worry about them thinking you're gaming the system. Construction seasonality is well-documented and expected. Just be consistent with your weekly certifications and you'll be fine.
This is really reassuring to hear from someone with so much experience! I've been stressed about this for weeks thinking they might flag my account or something. One quick question - when you say keep detailed records of job search activities, do you mean just the basic log they require or should I be saving emails/screenshots too?
been waiting 3 weeks now and getting stressed about it too. this system is so slow compared to other states
I'm in a similar situation - filed my claim about 2 weeks ago and still showing "under review" status. From what I've been reading online, it seems like the NYS Department of Labor is really backed up right now. I called their customer service line multiple times but can never get through. Has anyone had luck reaching them by phone recently? Also wondering if there are certain times of day that are better to call. This waiting period is really stressful when you're counting on those benefits to pay bills.
Norah Quay
If you're having trouble reaching NYS Department of Labor by phone to ask questions about your claim duration, I used a 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 that shows how it works. I was stuck trying to call for weeks about my adjudication issue.
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Connor Rupert
•Is that legit? I've been trying to call them for days about another question but can never get through.
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Norah Quay
•Yeah it worked for me. I was skeptical at first but it actually connected me to a real NYS Department of Labor person. Way better than sitting on hold for hours.
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Leo McDonald
Just make sure you don't mess up your weekly claims because they can be really strict about that stuff. I missed one week by accident and it took forever to get it sorted out.
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Emma Wilson
•@Leo McDonald What happened when you missed that week? Did you lose those benefits permanently or were you able to get them back eventually? I m'paranoid about making any mistakes with the filing process.
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