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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.
been waiting 3 weeks now and getting stressed about it too. this system is so slow compared to other states
Right?! My cousin in another state got approved in like 5 days. NYS Department of Labor really needs to get their act together.
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.
UPDATE: Just wanted to let everyone know my claim finally moved from pending to approved this morning! Exactly 25 days after filing. No intervention needed - it just eventually processed on its own. Thanks for all the advice and reassurance that this was normal. All the back payments were deposited at once like some of you mentioned. Such a relief!
Congrats on getting approved! That's such great news and really helpful for others going through the same thing. Your timeline of 25 days matches what a lot of people are experiencing right now. Thanks for taking the time to update the thread - it's always reassuring to see success stories and know that the system does eventually work, even if it feels painfully slow while you're waiting. Hope the job search goes well for you!
Make sure when you appeal you're super clear about the timeline of events and that you have witnesses or documentation. NYS Department of Labor will schedule a hearing where both you and your employer can present evidence. Since you have that company email about store closures, that should be strong evidence in your favor. Don't let this discourage you from appealing - wrongful disqualifications get overturned all the time when people have proper documentation.
I went through something similar when I was disqualified for "misconduct" even though I was actually laid off due to budget cuts. The key thing to remember is that disqualification decisions are often based on incomplete or incorrect information from employers. File your appeal as soon as possible - you can do it online through the NYS Department of Labor website. In your appeal, be very detailed about what actually happened and include any evidence you have. The company closure email you mentioned will be crucial evidence. Also, consider reaching out to your former coworkers who were also laid off - they could serve as witnesses if needed. Don't give up on this - with proper documentation, these cases often get resolved in the claimant's favor.
Landon Morgan
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.
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Luca Russo
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.
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