The DOL website is SO confusing too!!! nowhere does it clearly say you have to apply immediately or lose those weeks. they should have to put that in HUGE LETTERS on the homepage!!

I've been following this thread and wanted to share some additional resources that might help. If you do end up going to a hearing, you can also contact your local legal aid society - many of them have unemployment specialists who can help you prepare for free. Also, I've found that keeping detailed records of EVERY interaction with DOL (dates, times, agent names/ID numbers, what was said) is crucial. Even if it seems minor at the time, it can become important evidence later. The system is definitely frustrating and seems designed to discourage people from pursuing what they're owed. Don't let them wear you down - you have a right to fight this!

make sure u keep track of your payroll records from day 1. nys dept of labor will want quarterly reports and if ur missing documentation they can audit u. learned this the hard way when i forgot to file my first quarter report on time

Just want to add that when you register online, make sure you have your business formation documents ready too (like your Articles of Incorporation or LLC filing). They might ask for your NAICS code as well - for landscaping that's usually 561730. Also, once you get your unemployment insurance account number, you'll need to start filing quarterly wage reports even if you haven't hired anyone yet (you'd just report $0 wages). The deadlines are pretty strict so set up calendar reminders!

Document everything you can remember with specific dates, times, and witnesses. For hostile work environment claims, NYS DOL wants to see that the situation was "intolerable to a reasonable person." The age-related comments are particularly important - write down exactly what was said and when. Also gather any text messages, emails, or written schedules showing the constant changes. If you have any coworkers who witnessed the yelling or discriminatory comments, ask them to write brief statements. The fact that you complained to the district manager twice and have email proof shows you tried to resolve it internally, which strengthens your case significantly.

The age discrimination angle is really important here - those comments about the job being "too fast-paced for someone like you" could constitute age-based harassment under NY Human Rights Law. When you appeal, make sure to emphasize that this wasn't just general workplace conflict but targeted harassment based on your protected characteristic (age). Also, the constant schedule changes without notice could be seen as creating deliberately impossible working conditions. NYS DOL has been more receptive to constructive discharge cases lately, especially when there's evidence of discrimination. Since you have the emails to district management showing you tried to resolve it, that really helps establish you didn't just quit impulsively. Good luck with your appeal!

Don't give up! I got denied initially too but my appeal was approved. Make sure you file the appeal within 30 days of your determination date. Include any pay stubs from your recent work to show your earnings. The alternate base period saved me.

same thing happened to my neighbor. turned out she quit her previous job before the retail one and NYS Department of Labor counted that as voluntary separation. even though the retail job was a layoff, the earlier quit disqualified her. might want to check if you had any other jobs in your base period

In most cases payment holds are resolved within 3-4 weeks if there are no complications. Make sure you respond immediately to any requests for additional documentation if they contact you. Sometimes the hold is just a routine audit and will clear automatically.

I'm going through the exact same thing right now - been on hold for 10 days with no explanation. The uncertainty is the worst part because you can't plan anything or know when it might resolve. I've been calling the main number (888-209-8124) every morning right at 8am when they open, but even then I usually get a busy signal or get disconnected after waiting on hold for hours. One thing I did find helpful was checking the "Messages" section in my online account daily - sometimes they'll post updates there even if they don't email you. Hang in there, we're all dealing with this broken system together.