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I'm actually going through something very similar right now - my manager has been documenting every minor mistake and I can tell they're building a paper trail. This whole thread has been such a relief to read because I was convinced that getting fired would automatically disqualify me from unemployment benefits. It's really encouraging to see that NYS Department of Labor actually looks at the circumstances rather than just rubber-stamping whatever the employer claims. The documentation advice everyone's giving is spot on - I've started keeping copies of all my emails, especially ones where I'm asking for clarification or showing that I'm trying to address any concerns they raise. It sounds like the key distinction is between genuine misconduct (like theft or deliberate rule violations) versus performance issues or personality conflicts with management. For anyone else dealing with this stress, it seems like the takeaway is to file for benefits even if you're not 100% sure you'll qualify - worst case they deny it and you can appeal, but you might be surprised and get approved on the initial determination.
I'm so glad this thread is helping you too! It's such a stressful situation when you feel like your job is hanging by a thread and you're not sure what your options are. I've been reading through all these responses and it's really reassuring to see how many people have successfully gotten unemployment benefits even after being fired. The documentation strategy seems to be crucial - I'm kicking myself for not starting that earlier, but like you said, better to start now than never. What's really encouraging is hearing that NYS Department of Labor actually does their due diligence during the investigation process rather than just automatically siding with employers. It sounds like they understand the difference between someone who's genuinely trying to do their job but having conflicts with management versus someone who's deliberately engaging in misconduct. Hang in there - knowing we have these options makes the whole situation feel a lot less scary!
This thread has been incredibly helpful! I'm actually in a very similar situation where my new supervisor seems to be looking for any excuse to write me up. It's such a relief to learn that being fired doesn't automatically disqualify you from unemployment benefits in New York. The distinction between misconduct and performance issues really makes sense - it sounds like NYS Department of Labor understands that sometimes terminations happen due to personality conflicts or management style differences rather than genuine wrongdoing. I'm definitely taking everyone's advice about documentation seriously. I've already started saving emails where I ask for clarification on tasks and keeping copies of any feedback I receive. Reading about people's successful claims even after being fired for "performance issues" gives me hope that I'd have options if the worst happens. Thanks for asking this question - it's helping so many of us who are dealing with similar workplace stress!
I'm in almost the exact same boat! My supervisor started about 4 months ago and suddenly I'm getting written up for things that were never issues before. Reading through everyone's experiences here has been such a huge relief - I had no idea that NYS Department of Labor actually investigates the circumstances around terminations rather than just automatically denying claims for people who get fired. The documentation advice is so smart and I wish I had started earlier, but I'm definitely going to begin keeping detailed records now. It's particularly encouraging to hear from people like Sophia Gabriel who were able to show that performance issues were really about management conflicts rather than genuine misconduct. Thanks to everyone sharing their stories - it's making this stressful situation feel much more manageable knowing we actually have options!
Contact your state senator!!!! I spent 3 weeks calling with no luck. Finally emailed my state senator's office explaining my situation. They have a dedicated liaison with the DOL. Had a call from unemployment within 48 hours of contacting them. This is literally what your elected officials are for!
Hey Cole, I'm dealing with the exact same nightmare right now. Been laid off since January and my claim has been "under review" for 3 weeks. I've tried all the usual numbers and tricks but honestly what finally worked for me was using that Claimyr service people are mentioning. I was skeptical at first because it costs money and I'm already broke, but I figured my sanity was worth more than what they charge. Got connected to a real person in about 2 hours when I'd been trying on my own for literally weeks. The unemployment rep told me there's a massive backlog right now due to fraud prevention measures they put in place. My benefits got released 3 days after that call. Also definitely email your state senator like others suggested - that's a free option that actually works. Hang in there, the system is designed to frustrate us but don't give up!
Thanks Lourdes! It's crazy how broken this system is. I'm definitely going to try the state senator route first since it's free, and if that doesn't work I might have to bite the bullet on the callback service. Three weeks "under review" sounds exactly like what I'm dealing with. Did they tell you what specifically was holding up your claim when you finally got through?
Thanks everyone for all the helpful info! Based on what I'm reading here, it sounds like calling right at 8am is my best bet to get through and have them manually add my Chime account. If that doesn't work, I'll probably go with the debit card option since paper checks take forever. Really appreciate everyone sharing their experiences - this community is so helpful when dealing with these frustrating government systems!
Exactly! This thread has been a lifesaver - I was getting so frustrated trying to figure out what was going on with my Chime account. It's really reassuring to know it's not just me dealing with this issue. I'm going to try the 8am call strategy tomorrow too. Fingers crossed we both get through quickly! And yeah, definitely avoiding those paper checks if possible - ain't nobody got time for that delay when you need your benefits.
Just wanted to add that I had success using a local credit union account when Chime wasn't working. Opened an account at a small credit union near me and the direct deposit went through immediately with no issues. The fees were way lower than the NY debit card option too. If you can't get through to NYSDOL by phone, credit unions seem to be a solid backup plan that works with their system!
That's a great suggestion about credit unions! I actually hadn't thought of that option. Do you know if most credit unions have minimum balance requirements or monthly fees? I'm trying to avoid getting hit with extra costs while I'm dealing with unemployment. Also, how long did it take to get your account set up and the direct deposit working? Trying to figure out if it's faster than waiting to get through on the phone to NYSDOL.
I had a similar denial overturned last year! One thing that really helped my case was getting a written statement from my former supervisor who had left the company before my termination. She was able to confirm that I had never received any formal warnings or disciplinary actions, and that the performance issues were largely due to unrealistic deadlines and insufficient training. Even if your direct supervisor isn't available, consider reaching out to HR representatives, coworkers, or anyone who can vouch for your work ethic and the circumstances of your termination. Also, when you file your appeal, be very specific about dates, times, and conversations. The more detailed documentation you can provide, the stronger your case will be. Don't let them intimidate you with legal language - you have every right to these benefits if you were terminated without just cause.
This is such valuable advice about getting written statements from former colleagues! I'm in a similar situation where I was denied for "misconduct" but it was really just performance issues. My question is - how did you approach reaching out to your former supervisor who had left the company? I'm worried about putting people in an awkward position or having them feel like they need to choose sides between me and their former employer. Did you just explain the situation and ask if they'd be willing to provide a statement, or is there a more formal way to request this kind of documentation? I want to be respectful but I also really need to build the strongest case possible for my appeal.
I went through this exact situation about 8 months ago and successfully appealed my denial! Here's what worked for me: First, don't panic - you have 30 days to appeal and that's plenty of time to build your case. Since you mentioned you were never written up or given warnings, that's actually huge in your favor. NYS Department of Labor has to prove "willful misconduct" - not just poor performance. Make sure to emphasize in your appeal that you were trying to do your job but the expectations were unrealistic or you weren't given proper support. I also recommend calling the unemployment phone line (yes, it's a pain to get through) and asking them to walk you through exactly what your employer told them. Sometimes there are inconsistencies you can address. Keep filing your weekly claims while the appeal is pending - if you win, you'll get all that back pay. The hearing itself isn't scary - it's usually just a phone call where you get to tell your side. You've got this!
Isabella Santos
marketing is tough right now for sure. have you looked at the one-stop career centers? they sometimes have free training programs that dont interfere with unemployment
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Miguel Diaz
•That's a great suggestion! I didn't know about the one-stop career centers. Do you know if they have digital marketing or tech-focused programs? That would be perfect since it wouldn't conflict with my benefits.
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Jasmine Hernandez
I went through this exact situation last year! The key is getting pre-approval from NYS DOL for what they call "approved training." You need to contact them BEFORE enrolling in anything - I can't stress this enough. There's a specific form (I think it's UI-427A) that you need to submit. The program has to be related to your field or lead to employment in a high-demand occupation. Digital marketing should qualify since it's in demand. Once approved, you can attend training and still collect benefits, though you'll still need to file weekly claims. The approval process took about 3-4 weeks for me, so definitely start early if your program begins next month. Also check if your local American Job Center has similar programs - sometimes they're faster to get approved.
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Keisha Brown
•This is incredibly helpful, thank you! Do you happen to know if the UI-427A form is available online or do you have to request it from NYS DOL? I want to get started on this process right away since time is tight. Also, did you have any issues with them questioning whether your training was "suitable" or related enough to your previous work experience?
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