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definitely file even if ur not sure!! i got fired for being late too many times and still got unemployment. the employer has to prove it was misconduct and most of them dont bother fighting it unless its something really bad
File anyway! Don't let them intimidate you. You earned those benefits and you have every right to collect them. The worst thing that can happen is NYS Department of Labor says you don't qualify, but if you were laid off and not fired for misconduct, you should be fine. Just make sure you keep up with your job search requirements and file your weekly claims on time.
THIS IS WHY THE SYSTEM IS BROKEN!!! Employers get to benefit from our labor but then try to prevent us from accessing the safety net we paid for. I went through hell when my company laid off 50 people and then contested EVERY SINGLE unemployment claim just to save money on their taxes. Meanwhile people are struggling to pay rent and buy groceries!
Wait I'm confused about the timing too. If I file my claim today but my employer contests it, do I still get benefits while they investigate? Or do I have to wait until adjudication is finished? I keep reading different things online about pending claims.
You typically won't receive payments while your claim is under adjudication if there's a separation issue being investigated. However, you should continue filing your weekly claims during this time so you don't lose those weeks if your claim is eventually approved. The adjudication process can take anywhere from 2-6 weeks depending on the complexity.
THE WHOLE SYSTEM IS BROKEN!!! I've been fighting with NYS Department of Labor for months and they act like our suffering doesn't matter. Meanwhile politicians get their paychecks on time every week. The adjudication process is deliberately slow to discourage people from claiming benefits they're entitled to.
PixelPrincess
OMG this is giving me anxiety because I just filed my claim last week and now I'm worried they're going to deny me for some made-up reason too. Did you do anything wrong during the application process? Were all your answers accurate? What if they deny me for 'classical unemployment' too even though I've never heard of it?!
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Leila Haddad
•Don't worry - it sounds like the OP just misread the letter initially. Focus on answering all the questions accurately when you file your weekly claims and you should be fine.
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Omar Farouk
You definitely need to appeal this denial. Even if it was 'cyclical unemployment' that's still a valid reason for UI benefits. The appeal process gives you a chance to present your case and clarify any wage reporting issues. You only have 30 days from the denial date to file the appeal, so don't wait too long.
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