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The restaurant industry is the WORST for this stuff. They deliberately keep people part-time to avoid benefits and then act like they're doing you a favor. At least NYS Department of Labor recognizes that this is basically partial unemployment. Document everything - your availability, when you ask for more hours, all of it.
I had trouble getting through to NYS Department of Labor on the phone when I had questions about my salaried position eligibility. Kept getting disconnected after waiting 2+ hours. Finally used this service called Claimyr (claimyr.com) that got me connected to an actual agent in like 15 minutes. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Definitely worth it if you need to talk to someone directly about your specific situation.
THE WHOLE SYSTEM IS DESIGNED TO CONFUSE PEOPLE!! They make it so complicated on purpose so fewer people actually collect what they're owed. Seasonal, regular, partial - they have all these categories just to make it harder to navigate. I worked construction for 15 years and dealt with this seasonal BS every winter.
Wait, so if I work at a beach club that's only open May through September, when I file in October would that automatically be considered seasonal unemployment? Or do I have to specify that somewhere in my application?
NYS Department of Labor will classify it based on your employer's industry code and your work pattern. Beach clubs, seasonal resorts, and similar businesses are typically already flagged in their system. You don't need to do anything special when filing - they'll make the determination based on your employment history.
wait what's the difference between an appeal and adjudication?? I thought adjudication was the appeal process
You can definitely represent yourself but make sure you understand what specific reason they gave for denying your claim. The appeal has to address that exact issue - like if they said you were fired for misconduct, you need to prove it wasn't misconduct or wasn't serious enough to disqualify you from benefits.
NeonNebula
this is why the whole system is messed up - people pay into unemployment insurance but can't collect when they need it. but yeah legally speaking they can't get benefits without proper work authorization. the restaurant industry especially has this problem where workers contribute to systems they can't access
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Anastasia Kozlov
Just want to add that if your friend needs help navigating this situation or understanding their options, they might want to contact a workers' rights organization. Some provide confidential assistance and know about alternative resources that don't require the same documentation as government benefits.
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