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ugh the whole system is so confusing and they make it impossible to get straight answers. I got disqualified initially because they said I didn't work enough quarters but then when I appealed with better documentation they approved me. sometimes it feels like they just deny everyone first to see who fights back
To answer your earlier question about base periods - NYS Department of Labor looks at the first four of the last five completed calendar quarters before you file your claim. So if your cousin files now in 2025, they'd look at her wages from Q1 2024 through Q4 2024. She needs at least $2,600 total in that period AND wages in at least two different quarters. The seasonal retail work might actually help if it was during Q4 2024 and the restaurant work was in a different quarter.
honestly the system is so backed up right now anyway, even legitimate claims take forever to process. i've been waiting 6 weeks for my adjudication to finish and can't get through to anyone at NYS Department of Labor. maybe focus on finding better work instead of trying to game the system?
If you're having trouble reaching NYS Department of Labor, try using claimyr.com - they help people get through to agents when the phone lines are jammed. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling when my claim got stuck.
Your best bet is to document everything if your employer is reducing hours or changing working conditions. Keep records of schedule changes, any communication about layoffs, and changes to your job duties. If you do end up separated from your job, you'll need this documentation for your NYS Department of Labor claim. The key is being prepared rather than trying to force a situation.
If you're having trouble navigating the NYS Department of Labor website for this data, you might want to try calling them directly. I know their phone lines are usually swamped, but I recently discovered this service called Claimyr (claimyr.com) that helps you get through to actual agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Could be useful if you need specific clarification on how they calculate these rates.
wait hold on, if you got fired for performance can you even get unemployment?? I thought you had to be laid off not terminated??
You can still get benefits if you were fired, as long as it wasn't for misconduct. Performance issues usually don't count as misconduct unless it was willful or you refused to follow direct orders. NYS Department of Labor will investigate and make the determination.
Alicia Stern
EMPLOYERS DO THIS ALL THE TIME!! They know most people won't fight it and will just give up. My company tried to say I was fired for attendance when I was actually laid off due to covid downsizing. I had to get a lawyer involved but eventually won my case. Don't let them get away with lying!
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Aria Park
•Did you have to pay the lawyer upfront or did they work on contingency? I can't afford legal fees right now.
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Gabriel Graham
same thing happened to my brother last year, his company said he was fired for being late too many times but he was actually laid off. he won his appeal tho so dont give up
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