I'm a benefits advocate and this is one of the most frustrating errors I see with NYS DOL - their system frequently miscodes "lack of work" layoffs as disqualifications when they should be automatic approvals. This is almost certainly either a data entry error or your employer reported the wrong separation reason. Here's what you need to do immediately: 1) Call your former employer's HR/payroll department to verify what separation code they submitted to NYS DOL - ask specifically if they reported it as "layoff due to lack of work" or something else, 2) If they reported it wrong, have them contact NYS DOL to correct it (this is usually the fastest fix), 3) If that doesn't work, file Form IA 007.2 for an appeal within 30 days - include your written layoff notice as evidence. Continue certifying weekly during this process since you'll get backpay once it's resolved. This type of obvious error gets overturned regularly, so don't let their broken system discourage you from claiming benefits you've earned and deserve.

I'm new to the unemployment system and this thread has been incredibly eye-opening! I had no idea that "lack of work" denials were such a common error with NYS DOL. Reading everyone's experiences makes me realize how broken their initial determination process really is. It's honestly shocking that so many people are getting denied for what should be the most straightforward qualifying reason for unemployment benefits. For anyone else dealing with this - it sounds like the consensus is to call your former employer's HR first to check what separation reason they actually reported, then file Form IA 007.2 if that doesn't resolve it. Thanks to everyone who shared their stories and practical advice - this kind of community support is invaluable when dealing with such a frustrating bureaucratic system!

I'm dealing with a similar situation right now - my claim was also denied for "misconduct" when I was actually part of company-wide layoffs. It's so frustrating when you know the employer gave false information. I've been gathering all my documentation including the WARN notice our company filed and emails about the restructuring. One thing I learned is to also request your personnel file from HR if you haven't already - sometimes there are notes or memos in there that can help prove it was a layoff and not misconduct. The 30-day deadline to appeal is really important so don't wait. I'm still in the process but my lawyer friend told me that wrongful denial cases like ours have pretty good success rates at appeal hearings.

I successfully appealed a similar denial last year. The most important thing is to get a written statement from your former employer confirming the layoffs were due to budget cuts - even if they contested your claim, HR departments often provide truthful documentation when formally requested. I also recommend creating a detailed timeline of events leading up to your termination, including any meetings about company finances or restructuring that you attended. During my hearing, the administrative law judge specifically asked about whether there were performance issues or disciplinary actions prior to termination, so be prepared to explain that this was purely economic. The whole process took about 10 weeks for me but the backpay made it worth the wait. Don't let the initial denial discourage you - the appeals process is much more thorough than the initial review.

any update? did u get thru?

Wow, I'm so glad to see this thread because I'm dealing with the exact same nightmare right now! My claim has been stuck for 3 weeks with a "break in claim" error even though I've certified every single week without fail. The phone system is absolutely brutal - I've called hundreds of times and either get a busy signal or get disconnected after waiting on hold for hours. It's incredibly frustrating when you're depending on these benefits to survive. Reading through everyone's experiences here, it sounds like this is a widespread glitch with their new system. I'm definitely going to try that Claimyr service that several people mentioned - at this point I'm willing to try anything to get through to an actual human being who can fix this mess!

Just wanted to say I feel for you! Getting fired is never easy even when it's not your fault. The good news is unemployment benefits exist exactly for situations like this. Don't let anyone make you feel bad for filing - you paid into this system through your paychecks.

I went through something similar when I was let go for "performance issues" from my customer service job. The key thing is to file immediately - don't wait because there's a waiting period anyway. When you fill out the application, be completely honest about the circumstances. The fact that you received a warning and were actively trying to improve actually works in your favor because it shows this was performance-related, not misconduct. NYS Department of Labor distinguishes between being unable to do the job (eligible for benefits) versus unwillingness or deliberate misconduct (disqualifying). Keep records of everything - your warning notice, any emails about performance, etc. The adjudication process can take a few weeks but stay patient and respond promptly to any requests for information.

I just want to add that if you do end up filing, don't be discouraged if the online system seems overwhelming at first. I had to file after being at my job for only 8 weeks and was really stressed about navigating the NYS DOL website. What helped me was gathering all my employment documents beforehand - pay stubs from both your current and previous jobs, your Social Security card, and any documentation about the hour cuts. Also, if you're worried about the reduced hours situation, you might want to document when the cuts started and any communication from your employer about it. The system can be frustrating but your work history from your previous 2-year job should definitely help you qualify if you need to file.

I was in almost the exact same situation as you last year - started a new job and within 2 months my employer started cutting hours dramatically before eventually letting me go. The good news is that NYS unemployment eligibility is based on your work history over the entire "base period" (usually the first 4 of the last 5 completed quarters), not just your current job. Your 2 years at your previous job should definitely help you meet the monetary requirements. When I filed, I had to provide wage information from all my employers during that period. If your hours do get cut significantly, you may even qualify for partial unemployment while still employed. I'd recommend starting to document the hour reductions now - dates, original vs. reduced schedules, any written communication from your employer about the cuts. This documentation was really helpful when I filed my claim. The NYS DOL system can be frustrating to navigate, but don't let that discourage you from applying if you need to.