New York Unemployment denied my claim after employer lied about no-call no-show during COVID sickness
My unemployment claim was denied because my employer said I no-call no-showed, but I have phone records proving I called. I got COVID and was really sick, plus there was a major cell service outage during this time. I sent proof of both the phone calls and the outage to DOL. My employer is lying to unemployment about me not calling in. Already had a 'last chance' agreement for tardiness, so when I finally got cell service back and saw HR's message, I knew I was getting fired anyway. Filed an appeal and requesting a hearing. Been filing since February and running out of savings. Anyone dealt with something similar or know how long judge hearings usually take?
17 comments
Connor Richards
Same thing happened to me! My employer told unemployment I abandoned my job but I had texts proving I communicated with them. Definitely request that hearing and bring ALL your evidence - phone records, doctors notes, everything. The judges actually listen unlike the initial claims people.
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Zoe Wang
•How long did it take to get your hearing scheduled?
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Connor Richards
•Took about 6 weeks for me. Worth the wait tho, judge ruled in my favor 💯
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Grace Durand
Hey, I found a way to actually get someone on the phone at unemployment. Used this site called claimyr.com - it calls and waits on hold, then connects you when someone picks up. Costs $20 but totally worth it. Here's a video about how it works: https://youtu.be/Rdqa1gKtxuE
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Steven Adams
•sounds like a scam tbh 🤔
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Grace Durand
•Nah fr it worked for me! Got through in like 2 hours instead of calling for days
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Alice Fleming
•How does it work exactly? Do they just autodial or something?
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Grace Durand
•yeah they handle all the phone menu stuff and stay on hold, then call you when they get someone. saved my sanity fr fr
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Hassan Khoury
DOCUMENT EVERYTHING! You need a paper trail for the hearing. I work in HR (not in NY) and this kind of stuff happens way more than you'd think. employers try to avoid unemployment claims by any means possible smh
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Zoe Wang
•Already got my phone records and screenshots of the AT&T outage news articles. Should I get anything else?
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Hassan Khoury
•Get documentation of your covid diagnosis if possible. Also any previous work reviews or commendations could help your case.
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Victoria Stark
ur gonna want to talk to someone at unemployment asap to check on ur appeal status. I waited 2 months b4 I found out they never got my fax 🤮 Use claimyr.com to get through - they'll stay on hold for u
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Benjamin Kim
Bruh these companies really be out here lying to unemployment like we dont keep receipts 🤡 The judge will see right through this trust
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Samantha Howard
•fr fr they think we stupid or sumthing 💅
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Megan D'Acosta
Let me give you the full rundown on unemployment hearings cuz I just went through this whole process. These hearings are actually pretty formal but don't stress. You'll get a notice with the date/time about 2-3 weeks before. It'll probably be over the phone. The judge will swear everyone in and your employer HAS to be there. Have your evidence ready and organized. Talk clearly and stick to the facts. Don't get emotional (even tho its hard). The fact that you have phone records is HUGE. Judges love that kind of solid evidence. Timeline is usually: appeal filed -> hearing notice in 2-3 weeks -> hearing in another 2-3 weeks -> decision in 1-2 weeks. While you wait, keep filing your weekly claims! If you need to talk to someone at unemployment about your case, use claimyr.com - they'll wait on hold and connect you to a rep. Worth the $20 when ur dealing with something this important. Good luck!
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Zoe Wang
•This is super helpful, thank you! Did you win your case?
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Megan D'Acosta
•Yep! Judge ruled in my favor and I got backpay for all the weeks I was waiting 😈
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