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I just went through this exact situation a few months ago! I was a part-time retail worker who got laid off in December 2024, and my manager told me the same thing - that part-timers don't qualify for unemployment. I waited 8 weeks before filing because I trusted her completely (she'd been with the company for like 15 years, so I figured she knew what she was talking about). When I finally discovered she was wrong, I immediately submitted a backdating request with screenshots of our text conversation where she specifically said "part-time employees aren't eligible for NY unemployment benefits." I also included my pay stubs showing I met the earnings requirements and a brief explanation of how I reasonably relied on her guidance. They approved 6 weeks of backdating! The whole process took about a month from submission to approval. The key was being super specific about who told me what and when, plus showing that I acted reasonably by trusting someone I viewed as knowledgeable about company policies. Your text evidence sounds really strong - the fact that your boss specifically mentioned part-time workers not qualifying is exactly the kind of concrete misinformation that NYSDOL recognizes as "good cause." Don't lose hope! Make sure to submit that backdating request ASAP and include every detail you can remember about the conversation with your boss.
This is so encouraging to hear! Your situation sounds almost identical to mine - part-time worker, trusted a long-term manager who seemed to know company policies, and got completely wrong information about unemployment eligibility. Six weeks of backdating is amazing! I'm feeling much more optimistic about my chances now. I'm definitely going to submit my request this week and make sure to be super specific about the dates and exact quotes from my supervisor's texts. It's reassuring to know that NYSDOL does recognize employer misinformation as valid "good cause" - I was worried they'd just say I should have known better. Thanks for sharing your success story and giving me hope that this might actually work out! @f65887279186
Reading through all these responses has been incredibly helpful! I'm in almost the exact same situation - lost my part-time job in January and my supervisor told me I wouldn't qualify for unemployment because "part-timers don't get benefits." I finally filed last week after finding out that was completely wrong. The success stories here are giving me so much hope! It sounds like having text/email evidence of employer misinformation about part-time eligibility is actually a pretty strong case for backdating. I'm going to gather all my documentation this weekend and submit my request early next week. One question for those who got approved - did you submit any additional evidence beyond just the texts from your employer? Like pay stubs or job search records? I want to make sure I'm including everything that might strengthen my case. Thanks everyone for sharing your experiences - this thread has been a lifesaver for figuring out the process!
Yes, definitely include additional evidence beyond just the employer texts! From what I've seen work well: pay stubs showing you met earnings requirements, any job search records from those months (email confirmations of applications, interview scheduling emails), and if you have any documentation of when/how you discovered the correct information that would help too. I also included a simple timeline document showing the sequence of events - when I was laid off, when employer gave wrong info, when I found out they were wrong, when I filed. The more you can show you were acting reasonably and in good faith during those months, the stronger your case gets. Your part-time eligibility misinformation situation sounds really solid based on all the success stories here!
Just want to echo what everyone else has said about this being such an incredibly helpful thread! I'm on week 12 of unemployment after being laid off from my digital marketing role, and honestly, I was starting to panic about the 26-week limit until I found this discussion. The advice about starting backup plans around week 20 is so smart - I'm definitely going to start researching SNAP and other assistance programs now rather than waiting. And I love the suggestion about temp-to-perm positions with marketing agencies. I've been so focused on permanent roles that I hadn't really considered that route, but it makes total sense for building experience and potentially leading to something permanent. One thing I wanted to add that's been working for me: I've been attending virtual marketing webinars (many are free through HubSpot, Mailchimp, etc.) and not only are they great for staying current with industry trends, but I've actually made some valuable connections through the chat features and follow-up networking. A couple of people have even offered to review my portfolio or make introductions to their networks. Also, for anyone struggling with the phone system at DOL - that Claimyr service someone mentioned earlier is legit. I used it last week to get clarification on reporting freelance work and it saved me hours of frustration. Thanks to everyone who's shared their experiences and advice here. It's making this whole process feel much more manageable knowing there's a community of people who understand exactly what we're going through!
This is such valuable additional advice! The virtual webinars tip is brilliant - I hadn't thought about using those chat features for networking but it makes perfect sense. HubSpot and Mailchimp webinars are definitely high quality and attract serious marketing professionals, so the connections you make there are probably really valuable. I'm also glad to hear another confirmation about Claimyr working well. I was a bit hesitant to try a third-party service for something as important as unemployment benefits, but hearing multiple people say it actually worked gives me confidence to use it if I need to speak with DOL. Your point about temp-to-perm positions really resonates with me too. I've been so focused on finding the "perfect" permanent role that I've probably been limiting my options unnecessarily. Marketing agencies do seem like they'd be more open to that kind of arrangement, and honestly, any steady income right now would help stretch out those unemployment weeks. It's amazing how much this thread has evolved into such a comprehensive resource for people in our situation. Between everyone's experiences and practical tips, it feels like we've created an unofficial survival guide for NY unemployment! Thanks for adding to the collective wisdom here.
I'm also navigating unemployment right now (week 9) and this thread has been absolutely invaluable! As someone who was completely in the dark about NY's system, reading everyone's real experiences has been both educational and reassuring. One thing I wanted to share that might help others - I discovered that the NY State Library system offers free access to professional databases and industry reports through their online portal. I've been using it to research companies in my field and understand market trends, which has really helped me tailor my applications and sound more informed in interviews. Also, I started using a simple Google Sheet to track not just my job applications, but also my weekly certifications, benefit amounts, and remaining weeks. Having everything in one place has really helped reduce my anxiety about the process and keeps me organized for the work search requirements. The community support here is incredible - it's so much better than trying to figure this out alone! For anyone just starting their unemployment journey, definitely read through this entire thread. The collective wisdom here is better than anything I found on the official websites.
I just went through this exact situation about two months ago! Got fired for what my employer called "misconduct" but it was really just a misunderstanding about a procedure I wasn't properly trained on. I was terrified to file because I thought the misconduct label would automatically disqualify me, but reading online forums like this one convinced me to apply anyway. Best decision I made! The NYS DOL adjudicator was really fair and asked me detailed questions about my training, the specific incident, and my overall work performance. I was able to explain that I was never given clear guidance on the procedure and was doing my best with limited information. Got approved after about 4 weeks. The key is being honest and providing your perspective - don't let your employer's version be the only story they hear. File immediately if you haven't already, and remember that "misconduct" in unemployment law has a very specific definition that's much higher than just making a mistake or having a disagreement at work. You've got this!
This is exactly what I needed to hear! Your situation with the training issue really resonates with me - my incident also involved a procedure that I feel wasn't clearly explained. It's so encouraging to know that the adjudicator actually listened to your side about the lack of proper training. Four weeks seems pretty reasonable, and I love how you emphasized that "misconduct" has a specific legal definition rather than just being whatever the employer wants to call it. I'm definitely filing today - all these success stories have really boosted my confidence. Thanks for taking the time to share your experience!
I went through something very similar about a year ago and want to add my experience to all these encouraging stories! I was terminated for what my employer called "misconduct" related to a customer service issue, but it was really just a judgment call I made that they disagreed with in hindsight. I was absolutely panicked thinking I'd never get benefits, but filed anyway after reading advice similar to what everyone's sharing here. The NYS DOL investigation was really thorough - they asked me about the specific incident, my customer service training, any previous issues, and really gave me a chance to explain the context and reasoning behind my actions. What helped my case was being able to show that I was trying to help the customer and made what I thought was the right decision based on the training I had received. The whole process took about 5 weeks from filing to approval. The adjudicator told me that my actions didn't rise to the level of willful misconduct since I was acting in good faith. Don't let your employer's characterization discourage you - file immediately and make sure your voice gets heard in the process. The system is more fair than you might think!
Just make sure you keep up with your job search log and weekly certifications. That's what actually matters for staying eligible. NYS Department of Labor is more concerned about whether you're actively looking for work than anything else.
This is really helpful information everyone! I was also wondering about this when I first applied. One thing I'd add is that if you're concerned about your specific situation, you can always call the NYS Department of Labor directly or check their FAQ section on unemployment eligibility. The main things they care about are that you're able to work, available for work, and actively searching for employment. The drug testing worry is totally understandable but as others have confirmed, it's not part of their standard process.
Exactly! And @f3afee8a0bac don't stress too much about the application process itself - it's pretty straightforward online through the my.ny.gov portal. The hardest part is usually just getting through all the initial questions about your work history and reason for separation. As long as you're honest about everything and meet the basic eligibility requirements, you should be fine. The job search requirements are definitely the main thing to focus on once you're approved.
DeShawn Washington
I'm currently on day 3 of business days waiting for my employer to respond after being laid off from my hostess position at a local diner. They had to reduce staff because foot traffic has been really slow this winter. Reading through all these experiences from people in similar restaurant situations is giving me so much hope! It sounds like these types of layoffs due to business slowdowns are exactly what unemployment benefits are designed to cover, and the 10 business day rule seems pretty consistent based on everyone's timelines. I've already started doing my weekly certifications after seeing how important that is for getting full backpay once approved. The financial anxiety is definitely starting to set in, but this community has been incredibly helpful for understanding what to expect. Thanks to everyone for sharing their experiences and timelines - it really helps to know so many others in the restaurant industry are going through this same process and that most legitimate layoffs seem to get approved once that employer deadline passes!
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Miguel Silva
•Hey DeShawn! I'm at day 8 of business days so a bit ahead of you in this process. It's really encouraging to see someone just starting this journey - the hostess position layoff due to slow winter traffic sounds exactly like the legitimate business reasons that should get approved once that 10-day deadline hits. You're smart to start those weekly certifications right away - that seems to be the most consistent advice everyone gives for protecting your backpay. The restaurant/diner industry layoffs really do seem to be straightforward cases based on all the positive experiences shared here. The waiting definitely gets more nerve-wracking as bills pile up, but reading through everyone's timelines has given me so much confidence that we're all going to get through this. Keep checking this thread - the community support here has been amazing for my anxiety about the whole process!
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Vince Eh
I'm currently on day 6 of business days waiting for my employer to respond to my unemployment claim. I was laid off from my line cook position when the restaurant had to cut kitchen staff due to dramatically reduced orders after the holidays. Reading through everyone's experiences here has been incredibly helpful and reassuring! It's clear that restaurant industry layoffs like ours are typically straightforward cases for approval once that 10 business day employer deadline passes. I've been staying consistent with my weekly certifications after seeing how crucial that is for securing full backpay. The financial pressure while waiting is definitely stressful when you're trying to cover basic expenses, but this community thread has given me so much confidence that legitimate business-related layoffs like ours usually get resolved favorably. Thanks to everyone for sharing their detailed timelines and experiences - it really helps to see people at different stages of this same process and know that we're not alone in dealing with the anxiety of waiting for claim approval!
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