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I work in HR at a mid-size company and can confirm that many large employers do contest unemployment claims as a standard practice to protect their unemployment insurance rates. However, if you were terminated for reporting safety violations, that could actually strengthen your case since retaliation for safety complaints is prohibited under OSHA. Document everything - the safety issues you reported, when you reported them, who you reported to, and the timeline of your termination. NYS DOL adjudicators do consider whether the termination was retaliatory. Two weeks isn't unusually long for adjudication when there's a contest, but stay on top of submitting any requested documentation promptly.

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This is really helpful insight from the HR perspective! I did report the safety issues about 3 weeks before my termination - there were broken pallets stacked unsafely in the stockroom that I flagged to my supervisor via email. The timing does seem suspicious now that you mention retaliation. Should I specifically mention the OSHA angle when I submit my documentation to NYS DOL, or will they recognize that connection themselves during the adjudication review?

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Definitely mention the OSHA retaliation angle explicitly in your documentation! While adjudicators are trained to spot these patterns, you shouldn't assume they'll connect the dots on their own. Include a clear timeline showing: (1) when you reported the safety hazard, (2) any follow-up or lack of action from management, and (3) the proximity of your termination to the safety complaint. The closer these events are in time, the stronger your retaliation argument becomes. Also keep copies of everything you submit - if Walmart escalates this to an appeal hearing, having organized documentation will be crucial.

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From my experience working with unemployment cases, Walmart and other large retailers do systematically contest claims to keep their unemployment insurance rates low. However, your situation with the safety complaint timing could actually work in your favor. The fact that you were terminated just weeks after reporting unsafe conditions creates a pattern that NYS DOL adjudicators are trained to recognize as potential retaliation. Make sure to submit those photos and emails you mentioned - they're crucial evidence. Also, don't let the 2-week adjudication period worry you too much. When employers contest with documentation, it typically takes 3-6 weeks for a decision. Keep filing your weekly certifications during this time and stay organized with your evidence in case it goes to an appeal hearing.

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This is really reassuring to hear from someone with experience in unemployment cases! I was starting to panic that 2 weeks meant something was wrong. I've been keeping up with my weekly certifications like you mentioned. One question - when you say "stay organized with your evidence in case it goes to an appeal hearing," what exactly should I be preparing? Should I create some kind of timeline document, or is it better to just keep the original emails and photos separate? I want to make sure I'm as prepared as possible if Walmart does push this to a hearing.

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yeah they definitely take it out automatically. happened to my brother when he was on unemployment last year. just be glad you're still getting something after support is taken out!

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Just wanted to add that you can also check with your local Child Support Enforcement office to confirm the exact timing and amount of deductions. Sometimes there can be delays or discrepancies, and they can give you a clearer timeline than DOL. Also, if your financial situation has changed significantly due to unemployment, you might be able to request a modification of your support order - though that's a separate legal process from the unemployment benefits. Keep all your payment records organized in case you need them later.

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That's really helpful advice about contacting Child Support Enforcement directly! I didn't think about requesting a modification - is that something you can do right away when you become unemployed or do you have to wait a certain period? Also wondering if the modification process affects the automatic deductions from unemployment benefits while it's pending.

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I'm so glad I found this thread! I was fired for attendance issues 2 months ago when my mom was going through chemo treatments and I had to take her to multiple appointments and deal with emergency hospitalizations. Like many of you, I was convinced that being fired meant automatic denial and almost didn't apply. But reading all these success stories gave me the courage to file my claim, and I just got approved last week after a 4-week investigation! The investigator was incredibly understanding when I explained the medical circumstances and reviewed all my documentation - appointment confirmations, hospital records, and text messages to my supervisor. What really helped was being completely honest about the timeline, including times when I couldn't call before my shift because we were in the ER dealing with chemo complications. To everyone still hesitating - please don't let fear stop you from applying! NYS Department of Labor really does evaluate each case individually, and caring for seriously ill family members is exactly the kind of legitimate circumstance they understand isn't misconduct. You've earned these benefits through your work contributions, and you deserve a fair review of your situation. File your claim today and keep all your medical documentation organized - you've got this!

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Congratulations on getting approved! Your story is exactly what I needed to hear right now. I've been putting off applying for weeks because I was so scared of getting denied, but seeing how many people in this thread have been successful after being fired for legitimate family medical emergencies is giving me the confidence I needed. Your situation with your mom's chemo treatments sounds incredibly difficult, and I'm so glad NYS Department of Labor recognized that as valid circumstances rather than misconduct. The fact that you were approved even when you couldn't call before shifts due to ER visits with chemo complications really resonates with my situation - I had similar issues when dealing with my child's medical emergencies. Thank you for emphasizing that we've earned these benefits through our work contributions. Sometimes I forget that this isn't asking for a handout, it's accessing insurance I've paid into exactly for situations like this. I'm filing my claim today and keeping all my documentation organized like you suggested. This thread has been such a lifeline!

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I was in almost exactly the same boat last year - fired for attendance issues while dealing with my daughter's chronic asthma that kept landing us in the ER at all hours. I was absolutely terrified to apply because I thought being fired was an automatic disqualification, but I'm so grateful I did! NYS Department of Labor approved my claim after about 5 weeks of review. The investigator completely understood that you can't schedule pediatric medical emergencies around work hours. What saved me was keeping meticulous records - every ER visit summary, urgent care receipt, text message to my supervisor, even photos of the prescription bottles. There were definitely times I couldn't call before my shift because I was literally carrying my kid into an emergency room at 4 AM, but when I explained those circumstances honestly during the phone interview, they totally got it. The key is showing that you weren't being negligent or willfully absent - you were responding to legitimate family medical crises that any reasonable parent would prioritize. Don't let fear paralyze you like it almost did me! You've been paying into this system with every paycheck specifically for situations like this. File your claim today and start organizing all your medical documentation. Based on everything you've described, you have a very strong case. The relief when I got that approval letter was incredible - not just financially, but knowing that they recognized I was doing what any parent would do in that situation.

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I went through almost the exact same thing about 6 months ago and wanted to share my experience to hopefully ease your stress a bit! I had been unemployed for about 2 months, got a job offer, accepted it, completed all the pre-employment stuff including drug screening and I-9 verification, and then got a call 4 days before my start date saying they were eliminating the position due to "restructuring." I was devastated and worried about filing for unemployment since the timing was so weird. But when I called NYS Department of Labor to explain my situation, the representative was actually really helpful and said this happens more than you'd think. They told me to file immediately and include a detailed explanation of what happened with dates and documentation. My claim was processed normally and approved within about 2 weeks with no adjudication needed. The key thing they emphasized was that I was involuntarily unemployed through no fault of my own - which is exactly your situation too. Don't second-guess yourself about filing, you absolutely deserve these benefits after what happened!

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Thank you so much for sharing your experience Miguel! It's incredibly reassuring to hear from someone who went through almost the identical situation. The fact that you had completed drug screening and I-9 verification makes your case so similar to mine - I also did background checks and filled out tax paperwork, so it really felt like I had the job locked in. I'm so relieved to hear that the NYS Department of Labor representative was helpful when you called and that your claim was approved without adjudication. That gives me a lot of hope that mine will go smoothly too. I keep having moments of doubt about whether I should file, but hearing everyone's experiences here has really convinced me that this is exactly what unemployment benefits are for. I'm definitely going to file tomorrow with all my documentation ready. Thanks for taking the time to share - it really helps to know I'm not alone in this situation!

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This is such a frustrating situation but you're definitely not alone in this! I work as a benefits counselor and see cases like yours fairly regularly. NYS Department of Labor absolutely recognizes rescinded job offers as qualifying for unemployment benefits. The important thing to remember is that you meet all the basic eligibility criteria - you're unemployed through no fault of your own, you were ready and able to work, and the employer's decision to withdraw the offer was completely beyond your control. When you file your claim, make sure to be very detailed about the timeline and attach all your documentation (offer letter, acceptance email, background check completion, and the rescission notice). This documentation will actually make your case stronger because it shows you were genuinely employed and acting in good faith throughout the process. Don't worry about not filing initially - that's a completely understandable decision when you thought you had secure employment. File as soon as possible now and you should be able to get your benefits without any major complications!

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I was in a similar situation last year - got terminated from a warehouse job for not meeting picking rates after about 6 months. Like you, I had verbal warnings but no formal write-ups or improvement plans. I filed for unemployment immediately and was approved within about 10 days. The key thing is that NYS Department of Labor looks at whether you were willfully not performing versus just struggling to meet expectations. Since you were trying but couldn't hit the quotas, that's not misconduct. My advice is to file ASAP and be completely honest about the reason for termination. Don't try to sugar-coat it - just explain that you were terminated for not meeting production standards despite your efforts. The waiting can be stressful but most performance-related terminations get approved. Good luck!

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This is really encouraging to hear! I'm glad you got approved so quickly. Did your employer try to contest your claim at all? I'm wondering if I should expect pushback from my company since they seemed pretty firm about the performance issues when they let me go. Also, when you say be completely honest - should I use their exact words about "not meeting production quotas" or phrase it differently?

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I work as a benefits counselor and deal with NYS Department of Labor cases regularly. Performance-related terminations have a very high approval rate for unemployment benefits. The fact that you only received verbal warnings and weren't put on a formal improvement plan actually works in your favor - it shows the employer didn't follow progressive discipline. When you file, be straightforward: "terminated for not consistently meeting production quotas." Don't overthink the wording. The department will focus on whether you were making a good faith effort to do your job, which it sounds like you were. File immediately since benefits are backdated to your filing date, not your termination date. Most performance cases I see get approved within 1-2 weeks unless there are complicating factors.

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