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Been strung along with promises of rehire for 18 months by NY hotel - can I claim unemployment while they keep 'renovating'?

I've been employed at one of the oldest historical hotels in New York for almost 12 years. They shut down for 'renovations' back in February 2022 and have been giving us the runaround ever since. First they said they'd reopen by Memorial Day, then Labor Day, then December, and now they're saying maybe April 2023 but 'not sure'. Meanwhile, they've spent like $4.5 million on renovations. The hotel is over 100 years old and super historical. All of us workers have been hanging on because we love our jobs and benefits, but rumors are flying. I talked to someone in maintenance who said they've seen potential buyers touring the property. HR keeps sending emails saying 'hang tight, we'll call you back soon' but it's been well over a year now. The owners are obviously loaded while we're all struggling. Can ny unemployment do anything to hold them accountable? Can I file for benefits while technically still being 'employed' but not getting any hours or paychecks for 18 months? Or are they allowed to just keep us dangling forever with fake promises?

Yes, you should absolutely file for unemployment! You are essentially laid off at this point - doesn't matter what they're calling it. NYS considers this a 'lack of work' situation which qualifies for benefits. I went through something similar with a restaurant chain that kept saying they were 'temporarily closed for renovations' for like 10 months.

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Thanks for the reply. Did u have any problems when you filed? I'm worried they'll fight it and say I'm still technically employed.

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Nope, they tried to fight it but lost. The unemployment office doesnt care what they call it - if you haven't been paid in months, you qualify. Just make sure u have documentation showing how long its been since u worked.

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Zara Perez

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This 👆 They can't just keep u on a string forever with no pay and expect u not to file. The whole 'your still employed' thing is BS when they aren't giving you hours.

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Daniel Rogers

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I was in this EXACT situation last year! Hotel kept promising we'd reopen but it dragged on forever. I finally got thru to a real person at NY unemployment using this service called Claimyr (claimyr.com). Best money I ever spent tbh. The agent immediately approved my claim when I explained the situation. Talking to a live agent got my benefits going within a week. Here's a video that explains how it works: https://youtu.be/Rdqa1gKtxuE

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Aaliyah Reed

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Hmm sounds kinda suspicious. Does this actually work? I've tried calling unemployment like 50 times and get nowhere.

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Daniel Rogers

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Yeah it actually does. I was skeptical too but after 3 months of trying to reach someone I was desperate. They basically keep calling for you and then connect you once they get through. Saved me like 6 hours of hold time.

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Ella Russell

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I've seen these "services" before that claim to help - most are scams. How do we know this isnt just more BS? 🙄

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Daniel Rogers

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Fair question. I was skeptical too. Unlike those other sites, this one actually connects you with the real unemployment office - they just handle the waiting on hold part. You still talk directly to a real DOL agent. Not trying to sell anything, just sharing what worked for me.

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Mohammed Khan

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Another day, another company promising to fix the unfixable unemployment system lol

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Daniel Rogers

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I get the cynicism fr, but this one's different. It's not 'fixing' anything - just helping you get thru to a real agent. That's it. Honestly try whatever works for you but after 4 months of no income I was desperate enough to try anything.

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Zara Perez

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This is straight up constructive dismissal. They're hoping people will just quit so they don't have to pay unemployment. Classic move by hotels trying to get rid of long-term employees with higher pay/benefits. File for partial unemployment ASAP!

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Aaliyah Reed

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Funny how these hotels crying about "labor shortages" are the same ones pulling this kinda 💩 on loyal employees. I watched the Marriott in my area do the exact same thing - keep saying "just a few more weeks" for like a year and a half. The answer is YES, file for unemployment TODAY. You're eligible if they've reduced your hours to zero even if they haven't officially laid you off.

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Victoria Scott

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Yeah its so frustrating. Makes me wonder if there realy is a labor shortage or if its just BS

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Aaliyah Reed

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Spoiler alert: it's BS. They just don't want to pay living wages or benefits. They'd rather whine about "nobody wants to work" than treat employees like actual humans.

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Gavin King

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Former NY hotel HR here. This is a textbook reduction of hours claim. In NY, you're eligible for benefits if you're still "employed" but your employer has dramatically reduced your hours (including to zero). As long as you're ready and willing to work but your employer isn't providing hours, you qualify. Documentation is key. Save every communication where they promised to bring you back. Note every date they've pushed back reopening. They'll likely try to fight your claim by saying you're still employed, but the DOL will side with you. I'd also recommend: 1. File your initial claim immediately - you can only backdate benefits a limited time 2. When asked why you're filing, select "lack of work" or "reduction in hours" NOT "still employed" 3. Make sure you can prove how long it's been since your last paycheck 4. If they deny you (they might try), appeal immediately 5. If you're having trouble reaching someone at unemployment to help with your specific situation, I recommend using claimyr.com - it's the most reliable way to get through to a live agent who can actually help And start looking for new work. From what you described, it sounds like they're preparing to sell or permanently close. I've seen this pattern too many times.

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Victoria Scott

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Thank you so so much for this detailed response! This is exactly what I needed to know. I'll start putting together all those emails and messages now.

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Nathan Kim

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Is this claimyr thing actually worth it? feels like I'm being marketed to rn lol

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Gavin King

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I understand the skepticism! I found out about it from a former employee who was struggling to reach someone at DOL. It's basically just a service that waits on hold for you then connects you when a human picks up. Whether it's "worth it" depends on how valuable your time is vs sitting on hold for potentially hours. But yes, it does actually work.

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Eleanor Foster

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Im in the exact same boat! I worked at the Plaza for 9 years and they closed for "renovations" in oct 2021. They kept saying theyd reopen in 3 months, then 6 months, and now they say "maybe next year" 🤡 I finally gave up and filed for unemployment in april and got approved right away. Don't wait like I did, ur just losing money.

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Victoria Scott

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That's really good to know, thank you! Did you have to do anything special when you filed or did you just submit a regular claim?

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Eleanor Foster

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Just a regular claim. I put "lack of work" as reason. They might ask why ur filing so late, just be honest - say they kept promising to reopen but never did. The key is that you have to be ready and willing to work, but ur employer isn't providing any hours.

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Ella Russell

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the new york unemployment system is a joke. i had a similar situation last yr and spent WEEKS trying to talk to a human. finally got thru using claimyr.com - it was the only way i could get anyone on the phone. once i explained the situation they approved me right away.

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Mohammed Khan

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Yep, my cousin works at a hotel in Manhattan and they pulled the same stunt during covid. Kept employees "on the books" but with zero hours for over a year so they could claim they didn't do layoffs. Total BS! He applied for unemployment and got it no problem.

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Victoria Scott

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Thats good to hear - did they try to fight his claim since he was technically still employed?

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Mohammed Khan

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They tried but unemployment office basically laughed at them. As long as you haven't been given hours/pay in months, you qualify regardless of what they call your employment status.

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Nathan Kim

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They're 100% stringing you along. I bet they're trying to avoid paying severance to long-term employees. File for unemployment immediately - you're entitled to it when your hours are reduced to zero, even if they claim you're still employed.

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Lucas Turner

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Hotels are notorious for this bs. I had exact situation at the W downtown. After 14 months of "we're reopening soon" I finally gave up and filed for unemployment. Got approved instantly. Now the hotel's being converted to condos 🙃 Should have filed way earlier.

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Victoria Scott

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Ugh that sucks, sorry to hear that. I'm getting the feeling that's what's happening here too. Did you get any severance or anything when they finally admitted they weren't reopening?

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Lucas Turner

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Nope! That's why they drag it out - hoping people will quit or find other jobs so they don't have to pay severance or unemployment. Classic corporate move.

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Kai Rivera

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In New York, unemployment considers you laid off if you haven't been given hours in 4+ weeks, regardless of what your employer calls it. File now and make sure to explain the situation clearly. You've waited long enough!

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Anna Stewart

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wait i have an honest question... if your still technically employeed can you file for unemployment? i thought you had to be officially laid off or fired to qualify?

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Gavin King

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In New York, you can file if your hours have been reduced dramatically or eliminated completely. The key question is: are you earning wages? If not, you likely qualify for benefits even if you're still "on the books" as employed.

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Anna Stewart

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dam I wish i knew this earlier! My employer did this exact same thing to me for like 8 months and I never filed cuz I thought I wasnt eligible 😭

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Layla Sanders

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I've literally seen 3 hotels in NYC pull this exact move in the last 2 years. They'll string employees along forever if you let them. FILE NOW. Under NY law, if you haven't been scheduled for work for 4 consecutive weeks, you're effectively laid off regardless of what HR tells you.

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something to keep in mind is that ny unemployment benefits are usually only like 50-60% of your regular income, so even when u get approved ur still gonna be struggling. start looking for a new job NOW, dont wait for these people to maybe possibly call u back someday. they've already shown they don't respect ur time.

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Victoria Scott

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Yeah ur right... I've been so loyal to this place and they clearly don't care. Gonna update my resume this weekend.

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Kaylee Cook

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Bruh they're 10000% selling that hotel. Same thing happened where I worked. Kept us on the hook for almost 2 years with "renovation" excuses. File for unemployment TODAY and start job hunting.

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