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The whole system is a joke anyway. They'll drag you through months of adjudication just to deny you in the end. Employers always win these disputes because the deck is stacked against workers. But yeah, you should still apply because you never know.
I went through something very similar last year. Got fired for what my employer called "misconduct" but it was really just a misunderstanding about a procedure. I was terrified I wouldn't get benefits, but I filed anyway within the first week. During the phone interview with the adjudicator, I calmly explained my side of the story and provided context they didn't have. Got approved about 3 weeks later. The key is to be honest, responsive, and don't let your former employer's version be the only one they hear. File ASAP because there are deadlines, and you can always appeal if the initial decision doesn't go your way.
Just remember that even if your employer doesn't respond in 10 days, you still need to keep filing your weekly claims and doing your job search activities. The 10-day employer response window doesn't affect your ongoing requirements as a claimant.
@Sarah Ali - I went through something similar last year. In my experience, most employers either respond within the first few days or don't respond at all. The 10-day window is pretty firm, and the Department of Labor moves things along fairly quickly once that deadline passes. Since you mentioned not parting on good terms, just make sure you have any documentation that supports your side of things (like emails, write-ups, etc.) in case they do contest it. The good news is that the burden of proof is usually on the employer to show cause for termination that would disqualify you from benefits.
Please update us when you start getting paid! I'm curious how long it'll take for your backpay to come through after such a long delay. My claim was nowhere near as old as yours.
Congratulations on finally getting some movement on your claim! Two years is absolutely insane - I can't imagine the stress you've been through. I had a similar situation last year (though only 6 months, not 2 years!) and that email is definitely good news. A few things to watch out for based on my experience: - Double-check that all your certified weeks show up in the payment history once they start processing - Save screenshots of everything as proof - If any weeks seem missing, contact them immediately because it's easier to fix while the backpay is actively being processed The waiting is almost over! Really hoping you get every penny you're owed after this nightmare delay.
good luck! these hearings are stressful but if you were really laid off due to budget cuts you should be fine. just tell the truth
I went through this exact situation about 6 months ago - employer claimed misconduct when it was really a layoff. Here's what helped me win: 1) Organize all your documents chronologically in a folder, 2) Write out a timeline of events leading to your termination, 3) Practice explaining your side clearly and concisely, 4) If you have any coworkers who witnessed the layoff discussions, ask if they'd be willing to testify. The judge will likely ask your employer very specific questions about their misconduct claim - if they can't provide solid evidence (like documented warnings, policy violations, etc.), their case falls apart. You've got this! The fact that you have that budget cuts email puts you in a really strong position.
Giovanni Mancini
I just went through this process last month and totally understand the confusion! One tip that really helped me was to save a draft of your application frequently while filling it out - the NYS DOL website times out pretty quickly and you don't want to lose your progress. Also, if you're unsure about any question, there's usually a small "?" or help icon next to it that gives more detailed explanations. For the work search requirement, you can actually count registering with the career center as one of your contacts, which makes it easier to meet the weekly requirement once you start certifying.
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Butch Sledgehammer
I'm currently in the middle of filling out my NYS DOL application and this entire thread has been a lifesaver! I was getting so overwhelmed by all the different questions and terminology. A few things I've learned from my research that might help others: First, the NYS DOL website has a "Filing Your Claim" guide that breaks down each section step by step - it's buried in their resources but super helpful. Second, if you're confused about work search requirements, you can actually create your NY.gov account and register with the job services before filing your claim, which counts toward your weekly requirements later. Finally, I discovered that if you were a union member, your union rep can sometimes help clarify what separation reason was officially reported. The amount of conflicting information out there is crazy, so having this community discussion with real experiences is incredibly valuable. Thank you everyone for sharing your stories and tips!
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Amara Adebayo
•This is exactly what I needed to hear! I've been stressing about getting everything perfect on my application, but knowing there's an actual step-by-step guide on their website makes me feel so much better. I'm definitely going to look for that "Filing Your Claim" guide you mentioned - I've been clicking around their site but must have missed it. The tip about registering with job services beforehand is brilliant too, especially since I'm already worried about meeting those weekly work search requirements. I never would have thought to get a head start on that part. Thanks for taking the time to share what you've learned so far!
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