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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 👍
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.
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!
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.
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.
GalacticGladiator
The NYS Department of Labor system is so confusing! I've been trying to figure out my own eligibility for weeks and every time I call I get different information. Some rep told me I needed to work for 6 months minimum but then another one said it was about quarterly earnings. Why can't they just give straight answers??
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Zara Malik
•That's frustrating but the second rep was correct. It's definitely about your base period earnings, not a specific time requirement at one job. The $2,600 minimum and having wages in at least two quarters are the actual requirements.
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Clay blendedgen
I'm in a similar boat - dealing with a toxic work environment and considering my options. From what I'm reading here, it sounds like the key is documenting everything if you're thinking about quitting for good cause. Keep records of schedule changes, any harassment, unsafe conditions, etc. That way if you do decide to quit, you'll have evidence to support your claim that it was for good cause. The NYS DOL will need that documentation during their investigation. Also definitely try to get through to speak with someone official before making any decisions - sounds like Claimyr might be worth checking out if the regular phone lines aren't working.
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Miguel Ortiz
•This is really solid advice about documenting everything! I've been keeping a log of all the last-minute schedule changes my supervisor has been making, but I hadn't thought about documenting the toxic work environment aspects too. Do you know what kind of evidence the NYS DOL typically looks for when evaluating "good cause" claims? Like do emails count, or do you need witness statements? I want to make sure I'm gathering the right type of documentation in case I do decide to quit.
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