That's correct - being in a probationary period when terminated doesn't automatically disqualify you from unemployment benefits. What matters is your work history over the past 18 months and whether you were terminated for misconduct or quit voluntarily. If you were laid off or terminated without cause, you should be eligible regardless of probationary status.

I work at a local workforce development center and see this situation a lot unfortunately. The harsh reality is yes, you've likely lost out on a significant amount in benefits by waiting 4+ months. NYS caps the backdate at 28 days, so you're looking at losing roughly 12-14 weeks of potential payments. But don't let that stop you from filing RIGHT NOW - every day you wait is another day of benefits lost. Also worth noting that even if you get approved, the 26-week benefit period started ticking from when you first became unemployed, not when you file. So your benefit weeks are already being consumed. File today through ny.gov and don't wait for perfect information - you can always provide additional documentation later.

I went through almost the exact same thing last month with a construction layoff showing up as voluntary quit in the system. What finally worked for me was filing an appeal online through the my.ny.gov portal - there's a section called "Appeal a Determination" under the unemployment services. Even though it sounds scary, the appeal process actually got me connected with someone who could review my case properly. I attached my layoff notice, final paycheck showing "end of project" as the reason, and a brief letter explaining the situation. Got a response within 10 business days and they corrected the issue. In the meantime, keep filing your weekly certifications even if they're getting denied - you can get backpay once it's fixed. Also document every single phone call attempt with date/time - I kept a simple note on my phone and it helped show I was trying to resolve this properly. Don't panic about rent yet, there are emergency assistance programs through 211 if you call them. You've got this!

I feel your frustration - the NYS Department of Labor phone system is definitely broken right now. One thing that worked for me was calling the employer services line at 518-457-9000 instead of the main claimant line. They're sometimes less busy and can transfer you or at least give you better guidance on who to contact about separation issues. Also, since you mentioned construction work, make sure you have your employer's unemployment insurance account number handy (should be on your final paystub or layoff paperwork) - this helps them look up your case faster. For the voluntary quit vs layoff issue, you can also try reaching out to your former employer's HR or payroll department to confirm they reported it correctly to the state. Sometimes it's just a coding error on their end that they can fix with a simple correction form. Hang in there - I know it's stressful but most of these issues do get resolved eventually.

Tell your friend to file ASAP regardless! There's a time limit and even if they get initially denied they can always appeal. Better to have the claim in the system than miss the deadline completely.

From what I understand about NYS Department of Labor rules, theft accusations fall under "misconduct" which can disqualify someone from benefits - BUT the employer has to actually prove it happened. If there's no video evidence, witnesses, or documentation, that's going to be really hard for them to do. Your friend should definitely file the claim immediately since there are strict deadlines. Even if they get initially denied, they can appeal and request a hearing where both sides present their evidence. The lack of proof will likely work in their favor during the appeal process. Don't let the accusation alone stop them from trying - the system is designed to give people a fair chance to dispute these claims.

Also remember you need to be registered with the state job service and keep your resume updated. And if you're offered a job that's considered 'suitable work' you generally have to take it or risk losing benefits. The definition of suitable work can be tricky though.

@Evelyn Kelly - Just to summarize the key weekly requirements since there's a lot of info here: 1) File your weekly claim by midnight Sunday at my.ny.gov, 2) Complete 3 job search activities and keep detailed records (company name, position, date, contact info), 3) Report ANY work or income even if it's just a few hours, 4) Be available and able to work each day. The job search log doesn't have to be on a special form - you can keep your own records as long as they're detailed. I'd recommend filing your weekly claim earlier in the week rather than waiting until Sunday to avoid any system issues. Good luck with your claim!

I went through something similar earlier this year! My payments stopped in May and I didn't get them resolved until August. The most important thing is to be persistent and document everything. When you do get through to someone, ask them to check for any "adjudication flags" or "system holds" on your account - that's usually what causes the sudden payment stops. Also, since you're now working, make sure to tell them the exact date you returned to work so they can calculate your final eligible week correctly. They should be able to process all your backpay for July through September in one lump sum once they clear whatever is blocking your account. Don't give up - you're definitely entitled to that money for the weeks you properly certified!

I'm dealing with a very similar situation right now! My payments stopped in August and I've been getting the runaround for weeks. Reading through everyone's responses here is actually really helpful - I didn't know about the secure message option through NY.gov or that service Summer mentioned for getting through the phone lines. @Harold Oh - one thing that might help while you're trying all these contact methods is to screenshot or print your weekly certification history from your online account. When I was digging through mine, I noticed it shows the dates you certified and whether payment was "pending" vs "paid" for each week. Having that ready when you do get through to someone will probably speed things up since you can point to exactly which weeks they owe you for. Also wanted to add - I've heard from other people in unemployment Facebook groups that sometimes calling the local career centers can help too. They can't process payments but they might be able to escalate your case or at least confirm what's showing in the system. Worth a shot if the main number keeps hanging up on you!