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I'm currently waiting for my appeal decision after a hearing two weeks ago for a similar constructive dismissal case. This thread has been incredibly helpful in understanding what to expect once I hopefully win. The consistent timeline everyone is sharing (10-15 business days for status change, then payments within a few days) gives me realistic expectations. One question - did anyone have issues with their employer trying to contest the appeal decision after losing? My former employer seemed pretty upset during the hearing and I'm worried they might try to drag this out further somehow. Also wondering if there's any notification when your status changes or if you just have to keep checking the website daily like Sofia mentioned?
@Anita George In my experience, once the hearing officer makes their decision, that s'pretty much final for the initial appeal level. Your employer can t'really contest it at that point - they would have to file their own higher-level appeal to the Board of Review, which is expensive and time-consuming for them. Most employers don t'bother unless it s'a really significant case. As for notifications, I didn t'get any email or text alerts when my status changed - I just had to keep checking the website daily. I set a phone reminder to check every morning around 9am once I hit the 10-day mark. The status change happened overnight on a Tuesday for me, so definitely check regularly. Good luck with your decision - sounds like you re'in a similar boat to all of us and should hopefully see a positive outcome soon!
I just won my constructive dismissal appeal last week and this thread has been so helpful! I'm on day 6 since the hearing decision and my status still shows "appeal decision pending implementation." Based on everyone's experiences here, it sounds like I should expect the status change sometime in the next week or so, then payments shortly after. I was initially denied for "voluntary quit" but had solid documentation showing my employer created impossible working conditions that forced me to leave. The hearing went well and I represented myself successfully. I'm owed 5 weeks of back pay and really need this money to catch up on bills. It's reassuring to see so many people with similar cases who eventually got their full back pay. The waiting is definitely stressful but knowing the typical 3-4 week total timeline helps manage expectations. Thanks to everyone who shared their experiences - it makes this process much less scary when you know what to expect!
@Chloe Taylor Congratulations on winning your appeal! You re'right on track with the timeline - day 6 is still well within the normal range. Based on everyone s'shared experiences here, you ll'likely see that status change sometime between days 10-15, so you ve'got a bit more waiting ahead but you re'definitely getting close. It sounds like you had strong documentation for your constructive dismissal case, which is exactly what these hearing officers need to see. The fact that you successfully represented yourself is really impressive too! Five weeks of back pay will definitely help you catch up on those bills. I d'recommend starting to check your online account daily once you hit day 10, just like others have suggested. The waiting is tough when you re'dealing with financial stress, but you ve'already cleared the biggest hurdle by winning the appeal. Your money should start flowing within the next couple weeks!
Just wanted to add that even if you can't get regular unemployment, there might be small business assistance programs through the state or SBA that could help with your catering business. Don't give up on entrepreneurship just because of a slow period!
I'm in a similar boat with my photography business - revenue has been really inconsistent this year. From what I've researched, New York State does have some programs for struggling small businesses even if we can't get regular unemployment. You might want to check out the Empire State Development Corporation's website for business grants and low-interest loans. Also, some local workforce development boards offer training programs that come with stipends while you learn new skills that could complement your catering business. It's worth exploring all options before having to take a traditional W-2 job if you want to keep your business going.
That's really helpful information about the Empire State Development Corporation! I hadn't thought about looking into business grants or training programs with stipends. My catering business is my passion and I'd really prefer to keep it going rather than giving up and taking a regular job. Do you know if there are any specific programs that work well for food service businesses? I'm wondering if there might be ServSafe certification programs or commercial kitchen training that could help me expand my services while I wait for business to pick back up.
The partial unemployment thing saved me when my hours got cut at the warehouse. Just remember you have to report EVERY dollar you earn, even tips if you get them. And if your employer puts you back to full time, you have to stop claiming immediately. Don't try to keep collecting if your hours go back up or you'll owe money back.
@Layla I was in a similar situation last year when my hours got cut from full-time to part-time. The key thing to understand is that partial unemployment isn't a separate program - it's just regular unemployment benefits calculated for people who are still working reduced hours. You file the same initial claim, but when you certify weekly you report your gross earnings and they reduce your benefit accordingly. The good news is there's usually a small amount you can earn before they start deducting dollar-for-dollar from your benefits. Definitely worth applying since you've had such a significant hour reduction. Just make sure to keep detailed records of your weekly earnings.
@Mia That's really helpful to know it's not a separate program! I was wondering about that earnings disregard you mentioned - do you remember roughly how much you could earn before they started reducing benefits? Also, did you find the weekly certification process straightforward once you got the hang of it?
I just wanted to add my experience for anyone else dealing with this - I had a hold on my claim for about 18 days last summer and it was incredibly stressful. What I learned is that holds can happen for so many different reasons: job search verification, wage discrepancies, employer disputes, or even just random eligibility audits. The worst part is not knowing which one it is! I tried calling dozens of times before finally getting through to an agent who explained it was just a routine review of my work search activities. They never even asked me to submit additional documentation - it just cleared automatically once their review was complete. The agent told me that holds are actually much more common than people realize, especially during busy periods. My advice: call early (8 AM sharp), keep filing weekly no matter what, and try not to stress too much. Most holds do get resolved and you will get your backpay. This thread shows how many of us have been through this same scary experience!
Thank you for sharing such a detailed account of your experience! 18 days must have felt like forever when you're waiting for benefits. It's really helpful to know that even when it seems like nothing is happening on your end, they're actually working through their review process behind the scenes. I'm dealing with my first hold right now (day 3) and reading stories like yours helps me understand that this is just part of how the system works, even though it's incredibly stressful. The fact that you got backpay for all those weeks and didn't even have to submit extra documentation gives me hope that mine might resolve similarly. I'm definitely going to try the 8 AM calling strategy tomorrow. Thanks for taking the time to help others going through this!
I went through the exact same thing about 6 months ago and I totally understand the panic you're feeling! My claim was on hold for almost 3 weeks with no explanation in my messages either. It turned out to be a random audit of my job search activities - they never even contacted me about it, just reviewed my previous submissions and cleared it automatically. The most important thing I learned is to absolutely keep filing your weekly certifications even during the hold period. I almost stopped filing because I thought "what's the point if I'm on hold?" but thankfully I kept going because once it was resolved, I got backpay for every single week. Try calling right at 8 AM when they open - that's when I finally got through to someone who could actually see what was happening with my claim. The waiting is awful but hang in there, most holds really do get resolved within 2-4 weeks!
Diego Vargas
If it's just a weekly cert issue you might be able to fix it online through your my.ny.gov account. Check if there's a pending questionnaire or something you missed.
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Malik Davis
•Already checked online, nothing pending. That's why I need to call.
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Giovanni Conti
I had success getting through by calling the 888-209-8124 number right at 8:00 AM on a Wednesday. The key is to call exactly when they open - I actually started dialing at 7:59 AM. Still had to wait about 45 minutes but that's way better than the 2+ hours I was waiting when calling later in the day. Also make sure you have all your info ready - claim number, SSN, PIN, and details about what happened with your certification. The agent was actually really helpful once I got through and was able to see exactly why my cert was rejected (I had accidentally put the wrong dates for a part-time job). Good luck!
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Jamal Brown
•@Giovanni Conti This is exactly the kind of specific advice I needed! I ve'been calling randomly throughout the day and getting nowhere. Setting my alarm now to call right at 8 AM tomorrow. Quick question - when you say you started dialing at 7:59, did you just keep hitting redial until it went through at 8, or did you wait until exactly 8:00 to press send?
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Keisha Robinson
•@Giovanni Conti Thank you so much for this! I ve'been struggling with the same issue for over a week now. One more question - did you use a landline or cell phone? I ve'heard some people say landlines get through faster but I m'not sure if that s'actually true or just a myth. Also, when the agent helped you identify the wrong dates issue, were they able to fix it immediately or did you have to resubmit your certification?
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