New York Unemployment

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The system is so rigged in favor of employers. They know most people can't afford lawyers to fight back so they just lie with impunity. Even if you win your unemployment case, there's rarely any consequences for them providing false information. It's infuriating but that's the reality.

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Same thing happened to my sister last year. Employer claimed she stole money when she was actually laid off due to budget cuts. She won eventually but it was a nightmare.

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If you have clear documentation showing they told you it was performance-related and now they're claiming misconduct, that's strong evidence of inconsistent statements. Document everything - save those emails, keep copies of your termination paperwork, and write down dates and details of any conversations you remember. During the adjudication process, present this evidence clearly and chronologically. While suing for defamation is theoretically possible, it's expensive and hard to prove damages beyond the unemployment benefits. Your best bet is to focus on winning the unemployment case first - if you can show their story changed, the adjudicator will likely rule in your favor.

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This is really helpful advice. I'm wondering though - if I do win the unemployment case and can clearly prove they lied, would that strengthen any potential defamation case? It seems like having an official ruling that their statements were false might make it easier to prove they knowingly provided incorrect information.

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I went through something similar a few years ago. The key thing to understand is that NYS Department of Labor looks at your intent and availability for work. If you're truly retiring and not planning to seek new employment, you won't qualify. However, if your company is downsizing or offering buyouts and you're willing to work elsewhere, that might be treated differently than a traditional retirement. I'd suggest calling the unemployment office directly to discuss your specific situation - they can give you a definitive answer based on your circumstances. Also consider looking into partial retirement options with your current employer or exploring contract/part-time work to bridge the gap until your pension kicks in.

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This is really helpful advice! @Lia Quinn brings up a great point about the difference between traditional retirement and being part of company downsizing. @Hugh Intensity - you might want to document if your company is pushing early retirement or if there are any business reasons behind it. That could make a big difference in how NYS Department of Labor views your case. The partial retirement idea is smart too - staying employed even part-time while collecting some pension benefits might be a better bridge strategy than trying to navigate the unemployment system.

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I've been through a similar transition and wanted to share what I learned. The distinction between "retirement" and "layoff with retirement eligibility" can be crucial here. If your company is restructuring or offering voluntary separation packages (even if they call it "early retirement"), you might have a case - especially if you can demonstrate you're still willing and able to work elsewhere. The key is how you frame it when applying. Document everything about your company's situation and be prepared to show you're actively job searching if you do apply. Also, consider that even if you don't qualify initially, you can appeal decisions. I'd recommend consulting with an employment attorney who specializes in unemployment cases - many offer free consultations and can review your specific circumstances. Don't give up without exploring all options, especially since you've contributed to the system for 15 years.

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@Justin Chang makes excellent points about documentation and framing! I m'new to this community but dealing with a similar situation with my dad who s'60 and facing potential early "retirement due" to his company downsizing. The distinction between voluntary retirement vs. being part of layoffs seems really important. Has anyone here actually succeeded in getting benefits approved after initially being part of what the company called a retirement "package ?"It sounds like the appeal process might be worth pursuing even if the initial application gets denied. Also wondering if it matters how long you wait between leaving your job and filing - does NYS Department of Labor look at timing as evidence of your intent?

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I'm at 12 weeks post-hearing and just got my decision today - APPROVED with full backpay! I can't believe it took this long but I wanted to share my experience to give hope to everyone still waiting. Like everyone else here, my judge told me "2-3 weeks" which is apparently just a scripted response at this point. The wait was absolutely brutal - I had to sell my car just to pay rent and survive. What really helped me was finding this thread around week 6 and realizing I wasn't alone in this nightmare. Reading success stories from @Theodore Nelson and @Kelsey Hawkins kept me from completely losing hope. My key takeaways: prepare for 10+ weeks minimum (the 2-3 week thing is total BS), never stop certifying weekly even when you feel like giving up, and check your online account obsessively because that's where you'll see it first. I know 12 weeks sounds terrifying but the backpay was substantial - I got every single week I certified for. To everyone still waiting: this system is completely broken but decisions ARE still coming through eventually. Hang in there and don't give up!

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Congratulations Dylan! 12 weeks is absolutely insane but I'm so glad you finally got approved with full backpay. As someone who's just starting this process (only 2 weeks post-hearing), reading your experience along with @Theodore Nelson and @Kelsey Hawkins really helps set realistic expectations, even though 10+ weeks sounds terrifying. It s incredible'that you had to sell your car just to survive - this system is so broken that it s literally'forcing people into financial ruin while they drag out decisions that should take weeks, not months. Thank you for sharing your timeline and advice about never stopping the weekly certifications. Stories like yours are what give the rest of us hope that we ll eventually'get through this nightmare too!

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I'm at 3 weeks post-hearing and honestly feeling pretty overwhelmed after reading through all these experiences. My judge also gave me the "2-3 weeks" timeline that apparently means absolutely nothing. Based on what everyone's sharing here, I need to mentally prepare for potentially 2-3 MONTHS instead of weeks, which is terrifying from a financial perspective. I've been certifying weekly like everyone recommends, but the uncertainty is killing me. It's somewhat comforting to know I'm not alone in this broken system, but also scary to see how long some people have had to wait. Thank you to everyone who shared their timelines and success stories - @Theodore Nelson, @Kelsey Hawkins, and @Dylan Mitchell especially. Even though the wait times are brutal, seeing that people do eventually get approved with full backpay gives me hope to keep going. Going to follow everyone's advice about checking my online account daily and definitely not wasting time calling the main DOL number.

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I totally understand feeling overwhelmed after reading all these timelines - I felt the same way when I first found this thread! The gap between what judges tell you (2-3 weeks) and reality (2-3 months) is just shocking. I'm at 6 weeks now and while the waiting is brutal, this community has been so helpful for managing expectations and knowing what to actually expect. The success stories from people like @Theodore Nelson, @Kelsey Hawkins, and @Dylan Mitchell really do help keep you motivated to keep certifying weekly and checking your account. It s'awful that we all have to go through this financial stress, but at least we re'not suffering alone. You re'still early in the process so hopefully yours comes through faster than some of the longer waits we ve'seen here!

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Make sure you're also staying current on your disability insurance payments if you have employees. That's separate from unemployment tax but also goes through NYS Department of Labor reporting.

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For what it's worth, I just went through this process myself as a new business owner. The key is to make sure you register for your employer account first if you haven't already - you'll need your Federal EIN and some basic business info. Once you're in the system, the quarterly deadlines are April 30, July 31, October 31, and January 31. Don't wait until the last minute because the system tends to be slower on due dates. Also keep good records of all your payments - the confirmation numbers are important if there are any disputes later.

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This is super helpful! I didn't realize the system could be slower on due dates - that's a great tip. Do you know if there's any grace period if you submit on time but the payment doesn't process until the next day due to system issues?

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I was in a very similar situation last year - fired for attendance due to childcare issues and car problems. NYS Department of Labor approved my benefits after about 4 weeks of review. The most important thing is to file your claim ASAP since there's a waiting period anyway. When you file, be completely honest about being terminated for attendance but explain the circumstances clearly. Keep all your documentation handy (car repair receipts, any communication with your supervisor about the emergencies, etc.) because they may request it during the adjudication process. Your clean 2-year record will definitely work in your favor. Don't let the attendance policy violation scare you - NYS looks at the bigger picture and whether you had legitimate reasons beyond your control.

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This gives me so much hope! I was really stressed thinking that exceeding the attendance policy would automatically disqualify me. I'm going to file my claim today and make sure to gather all my documentation. Did you face any pushback from your employer during the process, or did they not contest it? Also, when you say "explain the circumstances clearly" - should I be really detailed in the initial application or keep it brief and wait for them to ask for more info?

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@dcac7ecca8da My employer actually did contest it initially, but I think that's pretty standard - they don't want their unemployment insurance rates to go up. During the phone hearing, I just stuck to the facts about my childcare emergencies and car breakdowns, and the judge seemed to understand that these weren't things I could control. For the initial application, I'd say be clear but concise - mention you were terminated for attendance due to legitimate emergencies, but don't write a novel. Save the detailed explanations and documentation for when they specifically ask during adjudication. The key is showing you're being honest upfront while not overwhelming them with info they haven't requested yet. Good luck with your claim!

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I went through this exact situation about 8 months ago - fired for attendance after missing work due to my father's hospitalization and my own medical issues. NYS Department of Labor approved my claim after about 5 weeks of review. The fact that you worked there for 2 years with no other issues is huge in your favor. When I filed, I was completely transparent about being terminated for attendance but emphasized that my absences were due to unforeseeable circumstances. Make sure you keep every piece of documentation - those tow truck receipts and texts about the family emergency will be crucial if your employer contests the claim. The adjudication process felt long and stressful, but NYS really does look at whether you had control over the situation. Your legitimate reasons should carry significant weight in their decision. File as soon as possible since the clock starts ticking regardless of when your claim gets approved.

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Thank you so much for sharing your experience! It's really reassuring to hear from someone who went through almost the exact same situation. The 5-week timeline gives me a realistic expectation too. I'm definitely going to file today and gather all my documentation. Quick question - when you mentioned being "completely transparent" about the attendance termination, did you find that being upfront actually helped your case rather than trying to downplay it? I keep going back and forth on how much detail to include in the initial application versus waiting for them to ask specific questions.

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