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I'm really sorry you're dealing with this - the NY unemployment system is so confusing and poorly explained! You're absolutely right that you can't file a new claim until your benefit year ends in September. I went through this exact same situation about a year ago and it was one of the most stressful periods of my life. Here's what I learned that might help you: 1) Apply for SNAP benefits immediately - the process was way faster than I expected and it made a huge difference with grocery costs. 2) Contact 211 for local emergency assistance programs - many have rent assistance funds available. 3) Look into temporary work through staffing agencies, especially ones that focus on accounting/finance since that's your background. 4) Check out the 599 training program if you're interested in learning new skills while getting benefits. 5) Don't give up on job applications - I applied to over 400 positions before landing something, but persistence paid off. The gap between benefit exhaustion and benefit year ending is brutal, but there are resources to help bridge it. You've made it through tough times before and you'll make it through this too. Keep us posted on how things go!
This is such comprehensive advice, thank you! I'm feeling a bit overwhelmed by everything but breaking it down into these specific steps really helps. I had no idea about 211 or that there were staffing agencies focused specifically on accounting - that makes so much more sense than just applying to general temp agencies. The 400+ applications stat is both encouraging and daunting, but at least I know I'm not being unreasonable in my expectations. I'm going to start with the SNAP application today and then work through your other suggestions. Really appreciate you taking the time to share all of this - it means a lot to know other people have gotten through this exact situation!
I'm in almost the exact same situation and just wanted to let you know you're not alone in this struggle! My benefits also ended after 26 weeks but my benefit year doesn't end until October. It's such a cruel system design - like they want to make people suffer during that gap period. I've been researching every possible option and here's what I've found that might help: definitely apply for SNAP benefits ASAP (the application is actually pretty straightforward), look into local emergency rental assistance through your county's social services, and consider the 599 training program if you're willing to learn new skills. I also started doing some freelance bookkeeping through online platforms which has helped bring in a little money while I continue job searching. The uncertainty is terrifying but we just have to take it one day at a time. Hang in there - we'll both get through this!
Just want to say good luck with your job search! The restaurant industry has been tough but things are picking up in my area.
@Sergio Neal - You can find the work search log form on the NYS Department of Labor website under the unemployment section, or they sometimes mail it with your initial paperwork. But honestly, you can just create your own simple log as long as it includes the required info: date, employer name, contact method, position applied for, and result. I keep mine in a simple notebook and it's worked fine for over a year of claims. The key is being consistent and detailed - don't wait until the last minute to catch up on your documentation like I did at first!
Thanks @Sarah Ali, that's really helpful! I was wondering if I could just make my own log instead of trying to find some official form. A simple notebook sounds way more manageable than trying to navigate the DOL website. Did you ever have any issues when they reviewed your homemade log, or were they fine with it as long as all the required info was there?
@Sarah Ali This is exactly what I needed to know! I ve'been stressing about finding some official form but making my own log sounds so much easier. Quick question - when you say result "do" you mean whether they responded or not, or do I need to follow up with every employer to get some kind of official response? I m'worried about what counts as a complete entry.
Ruby, I went through almost the exact same situation last year. Don't give up after the ALJ decision - you absolutely can appeal to the Unemployment Insurance Appeal Board within 30 days. That's your second level of appeal within the NYS Department of Labor system. I'd recommend focusing your Board Review appeal on specific legal errors the hearing officer made rather than just restating your case. The misconduct standard is pretty specific in NY and if they misapplied it, the Appeal Board might overturn the decision. Also, if you have any documentation you didn't present at the hearing (like employee handbook excerpts, witness statements, etc.), you can still submit that with your Board Review request. The whole process took me about 4 months but I eventually won at the Board level and got all my back benefits. Stay persistent!
This is so helpful, thank you! I'm definitely going to file the Board Review appeal. Quick question - when you mention submitting new documentation, do you mean things that existed during the original incident but weren't presented at the hearing? Or can you submit things that were created after the hearing? I have some emails I forgot to include initially that might help show the real circumstances around my termination.
@d69e71ffdcaf That's a great question about the documentation! From my understanding, you can submit evidence that existed at the time of the original incident even if it wasn't presented at the ALJ hearing. Those emails you mention should definitely be included if they help clarify the circumstances of your termination. However, you can't submit evidence that was created after the hearing date. The key is that the evidence must have been available during the time period being reviewed. I'd recommend organizing those emails chronologically and clearly explaining in your Board Review request why they're relevant to showing the hearing officer misapplied the misconduct standard. Don't lose hope - the Appeal Board sometimes takes a fresh look at cases and reaches different conclusions than the ALJ.
Ruby, I've been through this exact situation and want to emphasize what others have said - you definitely have options! The NYS Department of Labor appeals process has two administrative levels: 1) Initial appeal to Administrative Law Judge (which you already did), and 2) Board Review with the Unemployment Insurance Appeal Board (which is what you should file next). You have 30 days from the date of the ALJ decision to request the Board Review. The key difference is that the Appeal Board focuses more on whether the hearing officer correctly applied unemployment law rather than re-examining all the facts. So your appeal should highlight specific legal errors - like if they misapplied the misconduct standard or ignored relevant testimony. I'd also recommend gathering any documentation you might have missed in the first hearing (employment policies, witness statements, etc.) as you can still submit those. Don't let one bad decision discourage you - many people win at the Board Review level even after losing with the ALJ. The misconduct standard in NY is pretty specific, so if there's any ambiguity about whether your actions truly constituted willful misconduct, the Appeal Board might see it differently. Stay strong and file that appeal!
I went through something similar with a vindictive employer who kept appealing even though I was clearly eligible. From what I learned, after the Appeal Board level, they would need to file in state court which requires showing the Board made an error of law - not just that they disagree with the decision. Most employers won't go that route because it's expensive and they need actual legal grounds. Hang in there Sofia, sounds like you're almost at the end of this process!
I work in HR and can confirm what others have said about the appeal levels. In NY, employers get one shot at the ALJ hearing, then one final appeal to the UI Appeal Board. After that, the only option is Article 78 proceedings in state court, which requires showing the Board acted illegally or outside their authority - not just disagreeing with their decision. Most employers drop it after losing at the Appeal Board because court appeals are expensive and rarely successful unless there was a clear procedural error. Keep documenting everything and stay strong - you're probably near the end of this ordeal!
Luca Esposito
i stg the new york unemployment website is run by a hamster on a wheel. same thing happened to my sister last month - she ended up having to go IN PERSON to a office to get it fixed. ridiculous.
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Nia Thompson
•wait they have physical offices you can go to??? where??
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Luca Esposito
•there's one in downtown manhattan and i think brooklyn too. but you need an appointment and those are like harder to get than concert tickets lol
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Mei Chen
I had the EXACT same issue last month and it was driving me absolutely crazy! Turns out my account had been flagged for "suspicious activity" even though I hadn't done anything wrong. The rep told me it happens sometimes when you log in from different locations or devices. Here's what finally worked for me: 1) Stop trying to log in for 24 hours (I know it's hard but multiple failed attempts make it worse) 2) When you do try again, use the EXACT same device/browser you originally set up the account with 3) Make sure you're typing your username exactly as you registered it (no extra spaces, check capitalization) If that doesn't work, you really do need to call them. I know everyone says the phones are impossible, but I got through by calling at exactly 8:00 AM on a Tuesday. Took 45 minutes on hold but the rep fixed it in literally 2 minutes - there was some weird technical flag they had to manually remove. Don't panic about the fraud stuff unless you notice actual changes to your bank account. The fact that your payments are still coming through normally is actually a good sign that it's just a technical glitch rather than identity theft.
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