NY unemployment denied me after working steadily - they say not enough work history despite covid shutdown
Been working steadily as an accountant for over 8 years in New York when the pandemic forced our restaurant to close in 2020. I collected unemployment during that time since we had no choice but to shut down. Started a new job at a family-owned business in November 2021, but was let go last month after disagreeing with the manager's nephew who kept making costly mistakes. Applied for unemployment again and just received a denial letter saying I "don't have enough work history in the base period." How is that even possible? The gap in my employment wasn't my fault - everything was literally closed by government mandate! I have a 9-year-old daughter who depends on me and rent is due next week. Has anyone else dealt with this ridiculous situation? What are my options for appealing? The system seems completely broken.
44 comments
Anastasia Ivanova
Same thing happened to me! The way NY unemployment calculates your base period is really stupid. They look at the last 5 quarters but not the most recent one. So if you had that covid gap and then only worked for like 8-10 months, they might not count enough wages. You need to file an appeal ASAP - don't wait! The hearing takes forever to schedule.
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Diego Flores
•Thanks for explaining this! So frustrating that they penalize people for something that was completely out of our control. Did your appeal work?
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Anastasia Ivanova
•Yeah it eventually worked but took 3 months to get resolved. Make sure you gather all your pay stubs and employment records to prove your work history.
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Sean Murphy
•the whole system is designed to deny people honstly. my freind got denied for the EXACT same reason. bureaucratic bs 😤
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StarStrider
I was in this exact situation and banging my head against the wall trying to get through to someone at ny unemployment. After 2 weeks of constant calling and never reaching a person, I found this service called Claimyr (claimyr.com) that got me connected to a real agent. The agent was able to look at my case, see the covid gap wasn't my fault, and override the automated denial. Talking to an agent got my $ unlocked so fast - best decision I made! Check out this video for how it works: https://youtu.be/Rdqa1gKtxuE
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Zara Malik
•How does this work? Is it some kind of automated calling system?
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StarStrider
•Yeah basically it keeps calling their line for you and when it finally gets through to an agent, it connects the call to your phone. Saved me from having to sit on hold for hours.
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Luca Marino
•does this actually work tho? seems suspicious 🤔
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StarStrider
•I was skeptical too but desperate after trying for weeks. It worked for me - had an agent on the phone who fixed my claim that same day. They don't handle your claim, they just connect you with an actual DOL person.
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Nia Davis
•I've seen a bunch of people on here mention this claimyr thing... anyone tried it recently? ny unemployment ghosted me for 3 weeks now
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Mateo Perez
•I used it last week! Got through to someone in about an hour when I'd been trying on my own for days. worth every penny with how much backpay I was able to get sorted out.
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Aisha Rahman
You need to request a hearing and explain that the gap was due to COVID. Request it in writing AND call (if you can ever get through 🙄). Also, did you verify which quarters they're counting? Sometimes they don't look at the right period and that's why you get denied. The letter should specify which quarters they're using to calculate eligibility.
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CosmicCrusader
This is actually a widespread issue with NY unemployment right now. The system wasn't properly updated to account for COVID gaps in employment. My friend works at the dept and says they're overwhelmed with these exact appeals. You WILL qualify eventually but you need to be persistent. Also call your state rep/assemblyperson - they can sometimes expedite these issues.
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Ethan Brown
•Calling your state rep is FACTS! When I was getting nowhere for 2 months, I called my assembly person's office and magically my claim was fixed within 48 hours. They have special contacts there.
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Diego Flores
•Thank you for this insight! I'll try contacting my rep tomorrow. Do you think bringing documentation of my work history before covid would help my case?
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CosmicCrusader
•Absolutely bring all documentation you have - W2s, pay stubs, employment verification letters. The more proof the better!
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Yuki Yamamoto
Have you tried using the alternate base period? NY unemployment actually has two different ways to calculate your eligibility. The standard one looks at the earliest 4 of the last 5 completed quarters. But there's also an alternate calculation that looks at the 4 most recent completed quarters. You have to specifically REQUEST this though - they don't automatically check it. If you worked steadily before COVID, had a gap, then worked several months before being let go again, the alternate base period might work better for you. Many people don't know this exists! Also, when all else fails with ny unemployment, I highly recommend using claimyr.com to actually get someone on the phone who can help. The online system and automated stuff is useless for complex cases like yours. A human agent can often override these denials when they see your full history. Don't give up - the system is frustrating but you DO have options! I've helped several people navigate these exact issues as a volunteer at a worker's rights clinic.
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Diego Flores
•Thank you so much for this detailed advice! I had no idea about the alternate base period. Is there a specific form I need to request this or just mention it in my appeal?
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Yuki Yamamoto
•When you file your appeal, specifically state that you want them to reconsider using the alternate base period calculation. Also mention it if you get anyone on the phone. And definitely gather documentation showing your work history before the pandemic to strengthen your case!
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Carmen Ortiz
•This comment should be pinned 📌 most helpful explanation I've seen on this issue
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Andre Rousseau
the NY unemployment system is literally designed to prevent people from collecting. its all automated denials and then they make it impossible to reach anyone to fix it. total joke.
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Zoe Papadakis
•BIG FACTS. I think they hope people just give up trying. 50% of claims probably go uncollected just because people can't deal with the BS system.
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Jamal Carter
•It sucks but you gotta be persistent. Took me 6 appeals and 4 months to get what I was owed. System isn't broken it's working exactly as they designed it 😡
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AstroAdventurer
When you get denied for "not enough work history" but had an unavoidable gap because of COVID, you need to specifically request reconsideration under Section 590.11 of the NY Labor Law which covers exceptional circumstances. Most phone agents won't mention this unless you specifically bring it up.
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Mei Liu
Depending on when exactly you worked, you might qualify under the extended lookback period. After covid they temporarily allowed looking back further than the standard base period for exactly this reason. not sure if that's still in effect but worth asking about
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Liam O'Sullivan
•They ended the extended lookback period last year unfortunately 😔 but an appeal can still work if you get someone reasonable
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Amara Chukwu
hey just checking did u work any side jobs or gigs during covid that u reported on taxes? sometimes those earnings can help qualify u but u gotta specifically point them out
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Diego Flores
•I did some freelance bookkeeping for a few months but it wasn't much. Would that help my case?
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Amara Chukwu
•Definitely include that! Any income from work during your base period can help. Make sure you have documentation of that freelance work to submit with your appeal.
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Giovanni Conti
This is a perfect case for an appeal with hardship explained. print out the appeal form from their website (it's buried deep lol) and send it certified mail. then expect to wait forever. but also try calling every day if u can. U can also try that claimyr.com service a lot of ppl on here mention - i haven't used it personally but my cousin did and said it worked.
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Fatima Al-Hashimi
This is why NY unemployment is TRASH compared to other states. I moved here from Massachusetts and their system actually makes sense. NY's formula for calculating base periods makes no logical sense especially post-pandemic. Fight it hard and document EVERYTHING.
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NeonNova
•NJ is better too. My brother had the exact same situation and got approved right away in NJ while I fought for months in NY. makes no sense!
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Dylan Campbell
•NY unemployment is literally the worst system I have ever dealt with in my LIFE. been approved for 3 months and haven't received a single payment 🤬
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Sofia Hernandez
Somethint to consider - if you filed when you went back to work last time, you might have started a new benefit year. In NY, once you start a benefit year you have to earn 10x your weekly benefit amount in new work before you can establish a new claim. Could that be the issue?
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Diego Flores
•That's interesting - I'm not sure if that applies to me but I'll definitely look into it. Do you know where I can find this info on their website?
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Sofia Hernandez
•It's buried somewhere in the eligibility guidelines. But honestly faster to just call and ask directly. Use claimyr.com if you cant get through - so much easier than the regular phone system.
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Dmitry Kuznetsov
I had this EXACT problem and calling solved it. After 20+ tries I finally got a human at ny unemployment who said the computer was wrong and manually overrode my denial. Keep calling!!!!
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Ava Thompson
What was your exact denial reason? Sometimes the letters are super vague but theres a specific code at the bottom that tells the real reason. Can you check what code it shows?
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Diego Flores
•It says "Insufficient wages in base period" with code S403. Does that help clarify anything?
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Ava Thompson
•Ah that's the standard insufficient wages code. Definitely appeal this - if you had steady work before covid they should apply the extended lookback. But you have to specifically request it, they won't do it automatically.
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Miguel Ramos
ok so bear with me cuz this is gonna be long but I'm gonna tell you exactly what to do. I worked at nysdol for 3 years so I know the insider tricks. First, you need to formally appeal - but don't JUST appeal. Also submit a separate request for reconsideration based on COVID-related circumstances. These are processed differently and you want both going at once. Second, call the appeals phone line (NOT the regular UI line) early in the morning like 7:55am right before they open at 8. You're more likely to get through. Third, contact your state assembly member AND state senator simultaneously. Their offices have direct contacts at DOL who can expedite cases. Fourth, if all else fails, there's a backdoor method: file a complaint with the NYS Department of Financial Services. They have regulatory oversight and can sometimes get action when nothing else works. Fifth, try using claimyr.com to get through to an agent if you keep failing to connect. Many people on this forum have had success with it. The system is designed to be frustrating but with persistence you WILL get through. Don't give up! As a single mom you absolutely deserve these benefits that you've paid into through your work history. Good luck and let us know how it goes!
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Diego Flores
•Wow thank you so much for this incredibly detailed advice! I really appreciate you taking the time to lay this all out. I'm going to follow these steps starting tomorrow morning.
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Zainab Ibrahim
•This is gold! Saving this comment for when I inevitably have problems with my claim too 🙏
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Miguel Ramos
•Happy to help! The system is unnecessarily complicated and most people don't know all the different angles you can try. If one approach doesn't work, try another!
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