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NY unemployment denied - not enough work history due to COVID hotel shutdown

Has anyone dealt with this frustrating situation? I've worked full-time for the past 10 years since moving to NY. When COVID hit, my hotel completely shut down (I was the controller there). I went back to work last September at a small business, but just lost my job after speaking out against the owner's best friend's son - totally unfair! Filed for NY unemployment while job hunting, but they sent me a letter saying I'm INELIGIBLE because I "don't have enough work history in the last 2 years." Hello?? It was a PANDEMIC - everything was shut down! What am I supposed to do? Any suggestions would be so appreciated as I'm a single mom trying to make ends meet. This system feels rigged against people who were affected by COVID shutdowns.

The issue you're running into is called the "base period" requirement. NY unemployment looks at your work history during a specific timeframe, typically the first 4 of the last 5 completed calendar quarters before you filed. If you had a significant gap due to COVID and then didn't work long enough at your recent job, you might not meet the earnings requirement in your base period. Did you receive any unemployment benefits during the COVID shutdown period? If so, you might be able to request that they use your pre-pandemic work history instead. There should be an option to appeal this decision within 30 days of receiving that determination letter.

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Thank you for explaining! Yes, I did receive unemployment during the shutdown in 2021-2022. The letter doesn't mention anything about appealing or using my pre-pandemic work history. Is that something I specifically need to ask for? The determination just flatly states I don't have enough work history and says my claim is invalid.

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omg the SAME EXACT THING happened to my cousin last month!!! she worked at a restaurant for like 8 years then covid hit then she got a job at a different place and got laid off in january. they told her the same bs about not enough work history. the whole system is a joke.

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Did your cousin figure out any solution? I'm getting really worried about making rent next month.

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she had to fight with them for like 3 weeks but eventually got approved. kept calling them everyday until someone helped her.

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You should definitely appeal this determination. When you file the appeal, specifically mention that you had continuous employment before the pandemic and that your work gap was directly caused by COVID-related business closure. Include documentation showing your long-term employment before COVID and any unemployment claims during the pandemic. There are special provisions for people whose work history was affected by COVID, but sometimes the initial determination doesn't catch these exceptions. Be sure to include any documentation from your former hotel employer showing the closure was pandemic-related. The appeal deadline is typically 30 days from when you received the determination letter, so don't delay.

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Definitely appeal! I went through something sort of similar last year, though it wasn't COVID related in my case. The determination letters always sound so final like you have no options, but the appeals process actually worked for me!

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Have you tried calling the unemployment office? Their online system is terrible at handling exceptions like yours, but sometimes a real person can actually fix things right away. I know calling is a nightmare though - I had to try like 50 times over 3 days before I got through last time I had an issue.

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I've tried calling about 20 times already and either get disconnected or stuck on hold forever. It's so frustrating because I know if I could just talk to an actual human they could probably help me! I'll keep trying though.

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When I had trouble reaching someone at NY unemployment last year, I used a service called Claimyr that got me through to an agent within about 20 minutes instead of spending days trying to call. It was seriously worth it for the time saved and stress reduction. They basically keep calling for you and then connect you when they get through. I watched their demo video (https://youtu.be/Rdqa1gKtxuE) before using it and it worked exactly like they showed. You might want to check out their website claimyr.com since your situation definitely needs to be explained to an actual person who can review your work history.

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Thanks for the suggestion! I've never heard of this service but I'm going to check it out right now. At this point I'll try anything to get through to a real person.

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is that service legit? sounds kinda sketchy to me

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It's completely legit. They don't ask for any personal information about your claim or anything like that - they just connect the call. I was skeptical too but it actually worked when nothing else did.

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The whole unemployment system is DESIGNED to deny people!!! I went through 3 appeals and had to get a state senator involved before they finally approved my claim. And I had perfect documentation! They count on people giving up because the process is so difficult. DON'T GIVE UP! Appeal immediately and document EVERYTHING. Call every day if you have to. Also request a 'monetary reconsideration' specifically mentioning the COVID gap in employment. Sometimes they use a different base period called the 'alternate base period' which might work better for your situation.

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Thank you - I'm definitely not giving up! I've started gathering all my old pay stubs and employment records. The monetary reconsideration sounds exactly like what I need. Did you have to request that using a specific form?

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Yes, there's a specific form called the "Request for Reconsideration" form. You can download it from their website or request it by mail. Make sure you check the box for "monetary determination" as the reason. And MAKE COPIES of everything you send them!!!

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I'm going through something similar right now. It's so stressful! I was unemployed during part of covid too and now it's affecting my benefits. Just wanted to say hang in there. Being a single mom trying to navigate this system is so hard. ❤️

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Thank you for the encouragement! It really helps to know I'm not alone in this struggle. Hoping we both get our claims sorted out soon. ❤️

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Just wanted to follow up - there's a special provision called the "extended base period" that might help in your situation. Since your unemployment gap was due to COVID, you might qualify to have them look at your work history from before the pandemic. When you submit your appeal, specifically request that they apply the extended base period due to your COVID-related work disruption. Include any documentation you have from your hotel employer about the shutdown, and copies of your pre-pandemic pay stubs if you have them. The key is being very specific in your appeal about why the standard base period calculation doesn't fairly represent your work history due to the extraordinary circumstances of the pandemic.

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This is exactly what I needed to know! I'm going to specifically request the extended base period in my appeal. I still have all my tax documents from my hotel job and the official closure notice they sent when they shut down due to COVID. Thank you so much for this specific advice - it gives me hope that I can get this resolved!

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Did you apply for PTO or sick leave when you left your last job? Sometimes that can affect your unemployment eligibility too. Just another angle to consider.

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This is incorrect information. PTO payouts don't affect your work history qualification in New York - they might delay the start of benefits slightly, but they wouldn't cause someone to be denied for insufficient work history. Let's be careful not to confuse the situation further.

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UPDATE: I finally got through to someone at unemployment today (used that Claimyr service someone mentioned - it actually worked!). The agent confirmed I should qualify under the extended base period due to COVID disruption. They're helping me file an appeal and said I need to submit documentation of my pre-pandemic employment. They're also sending me a specific form for COVID-related work disruptions. Thank you all for your help and advice! Will update when I hear back about the appeal.

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That's excellent news! Make sure you submit your appeal and all documentation before the deadline. The fact that you spoke with an agent who acknowledged the extended base period should help your case significantly. Best of luck, and please do let us know how it turns out.

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So glad you got through to someone! Fingers crossed your appeal gets approved quickly!

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