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I work for a company that handles unemployment claim responses for several large retailers, and I can give you some insight into how this process typically works. Walmart, like most major retailers, does contest the majority of unemployment claims - probably around 75-80% of them - especially those involving attendance or policy violations. It's largely automated and driven by their HR system flagging certain termination codes. However, the NYS Department of Labor adjudicators are trained to look at the actual circumstances, not just the employer's initial response. Car trouble with proper documentation is considered a legitimate reason for absences beyond your control. The 2-week timeframe you're experiencing is completely normal for contested claims - I've seen them take anywhere from 2-6 weeks depending on the complexity and documentation involved. Make sure you upload all your repair receipts, towing bills, and any other evidence through your online portal. Even photos of your broken-down vehicle or text messages about the car trouble can help establish the timeline. Don't be discouraged by Walmart's automatic pushback - I've seen plenty of cases where claimants won even when large employers contested, especially when they had solid proof their absences were due to unavoidable circumstances.
I just went through this exact situation with Walmart about 3 months ago - also terminated for attendance issues and they definitely contested my unemployment claim. The adjudication process was incredibly stressful and took almost 4 weeks, but I ended up winning my case because I had solid documentation showing my absences were due to circumstances beyond my control (medical issues in my case). From what I learned during the process, Walmart has an automated system that contests most unemployment claims, especially attendance-related terminations. They do this to keep their unemployment insurance costs down - it's just standard business practice for them. However, the NYS Department of Labor adjudicators are actually pretty fair when you provide proper evidence. Since your absences were due to legitimate car trouble, you're in a good position if you have documentation. Make sure to upload every repair receipt, towing bill, and even photos of your broken-down car through your online portal. I'd also recommend getting a brief written statement from your mechanic if possible, explaining that the car problems were unexpected mechanical failures. The 2-week wait is still completely normal for contested claims, though I know how nerve-wracking it is when you need those benefits. Don't lose hope - Walmart may contest automatically, but that doesn't mean they win. Many people do successfully get benefits even when big retailers fight the claim, especially with proper documentation of unavoidable circumstances.
I went through something similar a couple years ago - owed about $1,500 in overpayment. The key thing is to act quickly since you still have time to appeal. Gather whatever documentation you have - even partial records are better than nothing. Bank deposits, PayPal records, email confirmations from clients, anything that shows when you actually received payment vs when you worked. The appeals process takes a while but it's worth it if you think there's an error. In my case, I was able to prove the timing was different than what they calculated and got the overpayment reduced by about 40%. Even if you can't eliminate it completely, you might be able to reduce the amount owed.
I'm dealing with a similar situation right now - got hit with an overpayment notice for $3,200. From what I've learned, the most important thing is to not ignore it. Even if you end up owing the money, they're much more willing to work with you on payment plans if you're proactive about contacting them. I'd definitely recommend appealing if you think there's any chance the calculation is wrong. The worst case is they uphold the decision, but at least you'll have tried. And yes, they can garnish wages and take tax refunds, but they usually give you a chance to set up a payment plan first if you reach out to them.
This is really helpful advice about being proactive. I'm definitely not going to ignore this notice - that seems like it would just make things worse. Did you end up appealing your overpayment or are you going straight to setting up a payment plan? I'm still trying to decide which route to take since I'm not 100% sure if I reported everything correctly or not.
I'm going through this exact same situation right now! Just got laid off after working for about 7 months and I've been stressed about the eligibility requirements. Reading through all these responses has been incredibly helpful - I had no idea that NYS Department of Labor looks at earnings from ALL jobs during your base period, not just your current one. I also worked a retail job for a few months earlier this year that I hadn't even considered might count toward my qualification. It's such a relief to see so many people who were in similar situations and ended up qualifying for benefits. I think I've been overthinking this whole thing when I should just apply and let the system do the calculations. Thanks to everyone who shared their experiences - you've given me the confidence to stop worrying and actually submit my application!
Caesar, I'm so glad this thread has been helpful for you too! It's amazing how many of us have been in the exact same boat - getting laid off after less than a year and panicking about eligibility. I was literally losing sleep over this until I read everyone's experiences here. The key takeaway that really stuck with me is that we're all trying to do the NYS Department of Labor's job for them by guessing at the calculations, when they have all the tools and data to figure it out automatically. Your retail job from earlier this year could definitely make the difference in your qualification, just like it did for so many others here. I finally submitted my application last night and already feel so much better just having taken action instead of sitting in uncertainty. You've got this - don't let the anxiety hold you back from getting the help you might be entitled to!
I just went through this same situation a few months ago and wanted to share my experience to hopefully ease some of your anxiety Kevin! I got laid off after working only 6 months at my current job and was absolutely convinced I wouldn't qualify for unemployment. But it turns out I was completely wrong about how the system works. The NYS Department of Labor doesn't care how long you've been at your current job - they look at your total earnings from ALL jobs during your base period quarters. I had worked at a warehouse job for about 4 months earlier that year, and those wages combined with my recent job put me well over the minimum threshold. The online application was honestly much easier than I expected. You just enter your employment history and the system calculates everything automatically. I found out I was approved within about a week of applying. My biggest regret is that I waited almost 2 weeks to apply because I was so sure I wouldn't qualify - I could have been getting benefits that whole time! Don't make the same mistake I did. Apply tonight and let the system do what it's designed to do. You've been paying into this system through your paychecks, and you deserve to use it when you need it. The worst they can say is no, but based on what you've described, I think you have a really good chance of qualifying. Hang in there!
There's a special place in hell for whoever designed the ny unemployment system. Watching my savings drain away while waiting for them to verify I'm not committing fraud (which THEY should know since THEY have all my employment records) is just *chef's kiss* the perfect American experience.
This whole thread is giving me flashbacks to my own nightmare with NY unemployment. I went through almost the exact same thing - fraud flag for 6 weeks, no payments, couldn't get through on the phone. What finally worked for me was a combination of things: I used one of those callback services (similar to what others mentioned), AND I filed a complaint with the NY State Attorney General's office online. Within 3 days of filing that complaint, someone from DOL called me directly and my account was cleared. I think the AG complaint creates a paper trail they can't ignore. Also, document EVERYTHING - every call, every person you speak to, reference numbers, dates. If this drags on much longer, consider filing for emergency assistance through your county social services. They have programs specifically for people waiting on unemployment. Hang in there - the system is broken but you WILL get your money eventually.
Jacob Smithson
This is such a relief to see that you got it resolved! I'm dealing with a similar situation right now - missed certifying two weeks ago because I was in the hospital and just realized my claim shows "break in claim" status. Your experience gives me hope that I can get this fixed quickly too. Did the agent ask for any specific documentation about your illness, or was mentioning the doctor's visit enough? I have my hospital discharge papers if that would help my case.
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Taylor To
•@Jacob Smithson I m'really glad you found this thread! I went through something very similar when my dad was in the ICU for emergency surgery and I completely spaced on certifying - I was basically living at the hospital for a week. Your discharge papers are going to be perfect documentation. When I finally got through to an agent, she told me that hospitalization is actually one of the easiest cases for them to approve because it s'such clear, legitimate documentation of why someone couldn t'certify. The agent was really compassionate about it too. Just have those discharge papers ready with the exact dates, and maybe be prepared to briefly explain that you were physically unable to access the online system while hospitalized. I really hope you re'feeling better, and I m'confident you ll'be able to get those missed weeks backdated without too much trouble!
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Molly Chambers
•@Jacob Smithson I m'so sorry to hear about your hospitalization! I hope you re'recovering well. Hospital discharge papers are definitely excellent documentation for your situation. I actually went through a break in claim issue myself recently though (not due to hospitalization and) the process was much smoother once I had proper documentation. Being hospitalized is probably one of the most legitimate reasons for missing certification that agents see. When you call, I d'suggest leading with I "was hospitalized and have discharge documentation -" this immediately lets them know you have a valid medical reason. The agents are generally very understanding about genuine medical emergencies. If you re'still having trouble getting through on the phone, that Claimyr service mentioned earlier in this thread really does seem to help people connect faster. Best wishes for your recovery and getting this resolved quickly!
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Emily Thompson
I'm dealing with a break in claim situation too and this whole thread has been incredibly helpful! I missed certifying two weeks ago because I was caring for my sick elderly mother and completely forgot. Reading about everyone's experiences gives me hope that I can get this resolved. Does anyone know if caring for a family member during a medical emergency would qualify for backdating, or is it mainly just for your own medical issues? I have some documentation from her doctor visits if that would help. Planning to try calling tomorrow but wanted to see if anyone has been in a similar caregiving situation.
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Gavin King
•@Emily Thompson I went through almost the exact same situation when my elderly father had a medical emergency and I had to become his caregiver overnight. I was so overwhelmed with managing his care, doctor appointments, and medications that I completely spaced on certifying for unemployment. When I finally got through to an agent took (me several days of calling ,)she was really compassionate about family caregiving emergencies. The documentation from your mom s'doctor visits should definitely help - I used my dad s'hospital records and appointment summaries as proof. The agent explained that unexpected family medical emergencies requiring immediate caregiving are considered good "cause exceptions," especially when you can show you were the primary caregiver during a crisis. She backdated my missed week without any hassle. Just make sure to emphasize that it was an emergency situation that required your full attention and prevented you from accessing the online certification system. Hope your mom is recovering well and you can get this sorted out quickly!
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Ava Johnson
•@Emily Thompson I m'really sorry to hear about your mom s'health issues - that must be so stressful to juggle caregiving and unemployment concerns! I actually went through something very similar when my grandmother had a medical crisis and I became her primary caregiver for several weeks. The good news is that family caregiving during medical emergencies is absolutely considered a valid reason for missing certification. When I finally got through to an agent, she told me that NY unemployment recognizes that family medical crises often require you to drop everything and focus on caregiving. Your mom s'doctor visit records should work perfectly as documentation - I used my grandmother s'medical appointment records and the agent accepted them without question. The key is explaining that you were providing essential care during an unexpected medical emergency and couldn t'access the certification system. Since you have documentation from her doctor visits, you should have a strong case for getting those weeks backdated. Hope your mom is feeling better and you can get this resolved soon!
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