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Make sure you request the hearing be conducted in writing if you're not comfortable speaking. You have that right and sometimes it's easier to present your case clearly in a written statement with all your evidence attached.
I went through this exact situation about 6 months ago and won my appeal! The most important thing is to create a timeline showing exactly what you reported each week versus what you actually earned. I made a spreadsheet with columns for: week ending date, gross earnings, hours worked, what I reported on my weekly claim, and any notes about why I reported it that way. The hearing officer could see that I was consistently following the same reporting method based on how I understood the instructions. Also, if you ever called the NYS Department of Labor helpline for guidance on how to report earnings, mention that in your appeal - it shows you were trying to do the right thing. Good luck, don't let them intimidate you into paying if you genuinely reported everything correctly!
When you file, be honest about what happened but emphasize any work-related issues that contributed to your decision. Mental health is taken more seriously now than it used to be. If you do get denied, you have 30 days to file an appeal and request a hearing.
I went through something similar last year. The key is to document everything you can remember about why you felt you couldn't continue working - even if you don't have official medical records, write down dates when you had panic attacks, any interactions with supervisors that made things worse, or changes in your work environment. NYS DOL does consider mental health as a valid reason for leaving if you can show it was work-related. Also, don't let your employer's initial response discourage you - many employers will claim "job abandonment" but if you can show you had good cause, the adjudicator might see it differently. The process takes time but it's worth pursuing.
This whole AI thing is just the beginning. Companies are going to keep replacing people with computers and the government isn't doing anything to protect workers. At least unemployment benefits exist but they're not gonna last forever if everyone loses their jobs to machines.
I'm going through something similar right now - my company just announced they're "streamlining operations" with new software that basically does what my whole department used to do. Haven't been laid off yet but writing is on the wall. Really appreciate everyone sharing their experiences here because I had no idea how unemployment would work in this situation. Good to know NYS treats it as lack of work rather than some weird gray area. Saving all this info for when I inevitably need it.
unpopular opinion: maybe try the unemployment office in person? everybodys always calling and doing stuff online but i went to the office in queens and got my issue fixed same day. just bring ID and proof of ur new bank account
This is such a nightmare! I went through something similar last year when my bank merged with another one and changed all the routing numbers. The NY unemployment system is seriously broken when it comes to updating payment info. What finally worked for me was calling at exactly 8:00 AM on a Tuesday and staying on hold for 2.5 hours until I got a human. The rep told me that the online system has known issues with bank updates and they basically expect people to call. Super frustrating but once I got through, they fixed it immediately and released my pending payments within 24 hours. Don't give up - your money is definitely still there, just stuck in the system!
Austin Leonard
Don't forget to include the determination number from your letter and be super clear about what decision you're appealing. I made the mistake of being vague in my first appeal and they rejected it for lack of specificity. Had to start over.
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Savannah Vin
•Oh wow, I didn't know they could reject appeals for being too vague. I'll make sure to reference everything specifically. Thanks for the warning!
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NightOwl42
Also make sure to write a timeline of events leading up to your layoff. Include specific dates when you first heard about budget issues, any meetings about restructuring, the exact date you were notified of termination, and your last day of work. This helps establish a clear pattern that shows it was the company's decision, not yours. I'd also suggest getting a letter from HR or your manager if possible confirming the layoff was due to budget cuts. The more documentation you have, the stronger your case will be.
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