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Good plan! One last bit of advice - when you apply, make sure you include ALL employment from the last 18 months, even small jobs or part-time work. Sometimes people forget to include everything, which can affect eligibility. And definitely document all your attempts to contact NYSDOL - screenshots of calls, wait times, etc. This can help if you need to appeal a decision later. Good luck!
Just wanted to chime in as someone who went through this exact situation last year! The key thing to remember is that even if you don't qualify for regular unemployment benefits, you might still be eligible for other programs like SNAP (food stamps) or temporary assistance while you're looking for work. Also, some counties in NY have emergency assistance programs that can help with rent or utilities during gaps in income. Don't give up if the unemployment doesn't work out - there are other safety nets available. The 211 helpline (dial 2-1-1) can connect you with local resources in your area. Stay strong!
Actually yes! I tried the Claimyr service that someone mentioned above and got through in about 20 minutes this morning. The agent was able to fix my denied claim - turns out it was a simple data entry error on their end. Such a relief!
I've been dealing with the same nightmare for weeks! The phone system is absolutely broken. What finally worked for me was a combination of strategies - I called at exactly 8:00 AM on a Wednesday using the 1-6-1 menu sequence someone mentioned, and also kept submitting messages through the online portal. It took about 12 attempts but I finally got through last week. The key is being persistent and trying multiple approaches at once. Don't give up - your benefits are worth fighting for! Also make sure you keep certifying weekly while you're trying to resolve this.
I went through something similar last year. The most important thing is to request a hearing/appeal within 30 days of receiving your denial notice. When you do appeal, make sure to write a detailed explanation of why you disagree with the decision and include all supporting documents. Since you were laid off (not fired or quit), the burden is really on your employer to prove any misconduct if that's what they're claiming. I'd also recommend checking if your employer reported the separation correctly to NYS DOL - sometimes there are discrepancies between what actually happened and what gets reported in their system.
This reminds me of when I got laid off from my restaurant job last year. Different situation but I was also worried about whether I'd qualify. The NYS Department of Labor process was actually pretty straightforward once I got started. Just make sure you file your weekly claims on time every week no matter what!
I went through something similar about a year ago when I got fired after reporting unsafe working conditions at a warehouse. Filed for unemployment right away and got approved even though my employer tried to contest it. The key is having your documentation ready - those emails you sent about the safety issues will be crucial. NYS Department of Labor definitely protects workers who report legitimate safety concerns. Don't let them intimidate you into thinking you don't deserve benefits. You were doing the right thing by speaking up about dangerous conditions.
Scarlett Forster
my cousin is a construction worker n this happens ALL THE TIME with 1099 people in every industry. its a huge problem in ny. once ur paid make sure u report them anyway so they cant do this to the next person 👍
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NeonNova
So glad to hear the demand letter worked! This is exactly why I always tell people to try the formal approach first - many employers will suddenly "find" the money when they realize you're serious about pursuing legal action. For anyone else reading this thread, James's situation is a perfect example of why documentation is everything as a 1099 worker. Keep records of all communications, work completed, and payment terms. And definitely look into whether you're properly classified - the IRS has strict rules about what makes someone a true independent contractor vs. an employee. Hope you get paid in full soon James! And definitely consider reporting them to DCWP even after you're paid - helps protect other contractors from going through the same thing.
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