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Wait, can you still file weekly claims while your appeal is pending? I'm confused about this part.
Yes, you should continue filing your weekly claims even while the appeal is pending. If you win your appeal, you'll get back payments for those weeks. If you don't file the weekly claims, you could lose those weeks even if you win.
I just went through this same situation a few months ago. Make sure you write a detailed timeline of what happened leading up to your termination - include any performance reviews, emails, or documentation that shows you weren't given proper warnings. Also, if you have coworkers who witnessed the scheduling disagreement or can vouch for your work performance, ask them for written statements. The hearing officer will want to hear both sides, so having witnesses or documentation that contradicts their "misconduct" claim is really important. Good luck with your appeal!
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You got this! Appeals are winnable if you have the right evidence. I won mine by showing the company's story didn't match the timeline of events.
I went through this exact situation 8 months ago - also got wrongly labeled as "misconduct" when it was clearly a layoff. The appeal hearing was actually straightforward once I had my documentation ready. Make sure to get a copy of your employee handbook too, especially any sections about disciplinary procedures. If they didn't follow their own progressive discipline policy before terminating you, that's strong evidence it wasn't misconduct. Also, if other employees were let go around the same time, try to get their contact info as potential witnesses. The judge will want to hear about the broader context of company layoffs, not just your individual case. Don't let the 30-day deadline stress you out - as long as you file on time, you'll get your chance to present your side.
This is really helpful! I didn't think about getting the employee handbook - that's a great point about the progressive discipline policy. My company definitely didn't follow any kind of warning system before letting me go. Did you have to represent yourself at the hearing or did you get a lawyer? I'm wondering if I should try to find legal help or if most people just handle it on their own.
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Good luck with your appeal! The system is designed to discourage people but don't give up. Document everything and stay organized with your paperwork.
I went through a similar situation with NYS Department of Labor about 8 months ago. My advice: request all your personnel records from HR immediately if you haven't already. Also, if your company had any WARN notices or announcements about layoffs, those are gold for your case. The administrative law judge will want to see clear evidence that this was an economic layoff, not a performance issue. Don't wait - start gathering everything now since you're working against that 30-day deadline.
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Just want to add - if you're really tight on money and can't afford the 10% withholding right now, at least try to set aside whatever you can each week. Even $20-30 per payment adds up and will help when tax time comes. I made the mistake of not saving anything my first time on unemployment and it was really stressful trying to come up with the money I owed. Also, if your income is low enough you might qualify for free tax prep services through VITA when filing season comes around.
This is really solid advice! I'm in the same boat as everyone else here - just started getting unemployment and had no idea about the tax situation. The VITA program tip is especially helpful since I've never had to deal with anything this complicated tax-wise before. Even setting aside a small amount each week sounds way better than getting blindsided next April. Thanks for looking out for people who might be struggling financially!
Just wanted to chime in as someone who went through this exact same confusion last year! The tax situation definitely caught me off guard too. One thing I'd add is that when you do set up the 10% withholding, you can always change it later if your financial situation changes. I started with withholding, then had to turn it off for a few months when money got really tight, then turned it back on when things improved. The key is just being aware of it so you can plan ahead. Also, keep good records of all your payments - screenshot your payment history or print it out, because sometimes the 1099-G they send can have mistakes and you'll want to double-check it against your own records.
CyberNinja
26 weeks goes by faster than you think, especially in this job market. Start looking seriously now even though you just got approved. Better to find something early than scramble at week 25.
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Yuki Tanaka
Also worth mentioning that if you're getting close to exhausting your 26 weeks and still haven't found work, there might be extended benefits available during high unemployment periods. It's not automatic though - you have to apply separately and it depends on the state's unemployment rate. I'd recommend checking the NYSDOL website or calling them around week 20-22 to see if any extensions are available when you're getting close to your limit.
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Owen Jenkins
•That's really good to know about the extended benefits! I had no idea that was even a possibility. Do you know what the state unemployment rate needs to be for those extensions to kick in? And is there a limit on how long the extended benefits last if you do qualify?
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