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ugh this happened to my friend too... her company laid off like 20 people but then tried to say she was fired for attendance. she won though because she had all her time cards and stuff. the system is so messed up
One more important thing - make sure you continue filing your weekly claims while this is being disputed. Even if your benefits are temporarily stopped, you can still file and if you win the hearing, you'll get back pay for all the weeks you certified. Don't let this gap in filing hurt your claim.
I'm going through something similar right now! Got fired for missing too many days when my car broke down and couldn't afford to fix it right away. My claim has been in adjudication for 3 weeks now and I'm going crazy waiting. Did you already file or are you still thinking about it?
Had a friend who got fired for attendance and couldn't reach anyone at NYS Department of Labor for weeks to check on her claim status. She ended up using some service called Claimyr that helped her get through to an actual agent. Think it was claimyr.com or something. They have a video demo showing how it works at https://youtu.be/qyftW-mnTNI. Might be worth checking out if you run into issues getting through to them.
The whole system is such a mess honestly. I filed three months ago and STILL dealing with adjudication issues. Good luck getting anyone on the phone at NYS Department of Labor - you'll be on hold for hours just to get disconnected.
If you're having trouble getting through to the NYS Department of Labor by phone to check on your application status, I used a service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Was really helpful when my claim got stuck in adjudication and I couldn't reach anyone for weeks.
Just to set expectations - filing the initial claim is just the first step. It can take 2-3 weeks before you get your first payment even if everything goes smoothly. If there are any issues with your employment history or reason for separation, it could go into adjudication which adds more time.
Margot Quinn
The whole system is messed up anyway. Employers always try to fight legitimate claims to keep their rates low, then act like we're stealing from them when we file. Meanwhile we worked and earned those benefits through our employment. NYS Department of Labor should make it clearer that this isn't charity - it's insurance we're entitled to.
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Evelyn Kim
•yeah my old boss acted like i was personally robbing him when i filed
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Ellie Simpson
just to add - the employer tax rate can go up or down based on how many claims their former employees file, but there's caps on both ends. so even if a company has tons of layoffs they won't pay unlimited amounts
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