just file and see what happens, worst they can do is say no

I went through something very similar about 6 months ago. My manager was creating a hostile work environment and eventually told me I could resign or be terminated for "performance issues" that were clearly fabricated. I documented everything - the conversations, dates, witnesses, even took photos of the impossible tasks I was being assigned. When I filed for unemployment, NYS Department of Labor did put my claim into adjudication, but I was ultimately approved. The key things that helped my case were: 1) I had written evidence of the ultimatum, 2) I could show a pattern of discriminatory treatment, and 3) I demonstrated that I had no reasonable alternative but to quit. The process took about 8 weeks, but I did receive back pay for the entire period. Don't let anyone tell you it's hopeless - constructive discharge is a real thing and NYS Department of Labor does recognize it when properly documented.

I went through this exact situation with NYS Department of Labor about two years ago. Was terminated for "excessive tardiness" but it was due to my elderly mother's medical appointments that I had to coordinate. The key thing is to file your claim immediately - don't wait! When they do the phone interview (usually within 2-3 weeks), be completely honest about the childcare situation and emphasize that you tried to work with your employer. I brought up how I attempted to communicate and find solutions. They ended up approving my claim because tardiness due to legitimate family care responsibilities isn't considered willful misconduct under NY law. The process took about 4 weeks total, but I got back pay for all the weeks I was eligible. Stay persistent and keep documenting everything!

I'm currently going through a similar situation with NYS Department of Labor after being terminated for "performance issues" that were really related to my transportation problems. From what I've learned so far, the key is to file your claim right away even if your employer is contesting it. During my research, I found that NYS uses a pretty specific definition of misconduct - it has to be willful and deliberate violation of company policy, not just struggling with circumstances beyond your control. Childcare issues that you communicated about definitely don't sound like willful misconduct. I'm still waiting for my phone interview but the representatives I've spoken with have been encouraging about cases like ours where there were legitimate external factors involved.

This thread is incredibly helpful and gives me so much hope! I'm currently in week 3 of review with a severance situation and was starting to really stress about bills. The detailed breakdown of your timeline and the specific office information is exactly what I needed to hear. I had no idea that different offices handle claims or that there were specific area codes to watch for. Almost missed a call from a 607 number last week thinking it was spam - glad I saw this before that happens again! Planning to call this Friday (hitting the 3-week mark) to check if I've been assigned to a caseworker yet. The fact that your employer didn't contest the severance and submitted everything promptly gives me confidence since my former employer has been pretty cooperative too. Thanks for sharing all the specific details and keeping everyone updated. Posts like this make such a difference when you're stuck in the "under review" limbo! Will definitely keep certifying weekly and hopefully can share some good news soon.

This is such a comprehensive breakdown - thank you for sharing all the specific details! I'm in week 1 of review right now (just filed this past Monday) and was already starting to get anxious seeing that "under review" status. Your post gives me a realistic timeline to work with instead of just wondering if something went wrong. The information about the different office area codes is incredibly valuable - I definitely would have ignored calls from 607 or 518 thinking they were spam. And the tip about calling at the 3-4 week mark rather than waiting indefinitely for system updates is gold. I also received a severance package when I was laid off last month, so it sounds like I should expect a similar extended review process. It's actually reassuring to know that this is normal for severance cases rather than thinking there's some problem with my claim. Going to bookmark this thread and follow everyone's advice about continuing weekly certifications and being patient but proactive. Really appreciate you taking the time to document your experience so thoroughly - it's helping a lot of us newcomers understand what we're actually dealing with! Fingers crossed you get your payment soon and can finally put this stress behind you. Keep us posted on how it goes!

Make sure you're really clear about the timeline of events. I appealed mine and won because I could prove the employer changed their story between what they told NYS Department of Labor initially vs what they said later. Document everything and be very detailed about what actually happened on the day you were terminated.

just went thru this myself and won my appeal!! the key thing is dont let them intimidate you with legal language and stuff. stick to the facts of what really happened and explain why their decision was wrong. also get ready for a hearing because most appeals end up there anyway

The whole system is so confusing no matter what age you are!! I'm 45 and still get overwhelmed by all the requirements and forms. At least being older means you probably have more work history to qualify with higher benefit amounts.

I'm glad you asked this question - it's a common misconception that there's an age limit! I work with a lot of folks in career transitions and can confirm that New York State doesn't have any maximum age restrictions for unemployment benefits. What matters is that you're able and available to work, actively seeking employment, and meet the standard eligibility requirements. At 67 with 8 years at your last job, you likely have strong work history that should qualify you for benefits. Don't let anyone discourage you from filing - you've earned these benefits through your contributions to the system. File as soon as possible since there can be a waiting period, and make sure to document your job search activities from day one.