New York Unemployment

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I went through this exact situation about 8 months ago with my former employer. They wanted to transfer me 95 miles away and I refused because the commute would have been financially devastating. I documented everything - the transfer request, my response declining it, and detailed calculations of travel costs and time. When I filed for unemployment, I was initially nervous about whether I'd qualify, but NYS DOL approved my claim after reviewing the documentation. The key was showing that the transfer created genuine hardship that no reasonable person could be expected to accept. My advice: get everything in writing from your employer, calculate the true cost per mile (including depreciation and maintenance), and don't be afraid to stand up for yourself. A 90-mile commute is absolutely unreasonable, and you shouldn't have to sacrifice your financial stability just to keep a job. The unemployment system exists for situations exactly like this where employers make working conditions untenable.

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Thank you so much for sharing your experience! It's really encouraging to hear from someone who went through almost the exact same situation and was successful with their unemployment claim. The fact that you were approved even with a 95-mile transfer gives me confidence that my 90-mile situation should qualify too. I'm definitely going to follow your advice about getting everything in writing and doing detailed cost calculations. Did your employer try to challenge the unemployment claim at all, or did they accept the decision? I'm wondering if I should prepare for any pushback from them during the process.

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I'm dealing with a very similar situation right now - my employer wants me to transfer 85 miles away and I'm terrified about what to do. Reading through everyone's experiences here has been incredibly helpful and reassuring. I had no idea that NYS DOL actually considers commute distance and costs when evaluating unemployment claims. The advice about documenting everything, calculating true vehicle costs including maintenance, and getting the refusal in writing is so valuable. It's also really encouraging to see multiple people who have been through this successfully. For those who have gone through the unemployment application process after refusing a transfer, how long did it typically take to get a decision? I'm trying to plan financially for the potential gap in income while the claim is being processed.

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Just so you know, there's also the state's unclaimed property database but that's for completely different stuff - like old paychecks or forgotten bank accounts. Unemployment benefits that you never claimed don't automatically go there. You have to work directly with NYS Department of Labor to recover any missed weekly certifications.

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I went through something similar in 2022 and here's what I learned: you need to gather all your employment documentation from that time period before you call. Have your original claim confirmation, any correspondence from DOL, and proof of when you returned to work. The retroactive claim process requires you to prove you were unemployed and actively seeking work during those specific weeks. Also, make sure you're within the time limits - I think it's usually within 1 year of your benefit year end date, but double-check that. The sooner you start this process the better because it can take months to resolve.

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This is super helpful! I'm definitely going to gather all my paperwork before calling. Quick question - when you say "proof of when you returned to work," what kind of documentation did they actually accept? Like would a copy of my first paycheck from when I got called back be enough, or did they need something more official like a letter from HR?

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@NeonNebula this is really helpful info! I'm curious about the "actively seeking work" requirement for retroactive claims. If I got called back to my old job pretty quickly, do I still need to show proof that I was job searching during those few weeks I was unemployed? Or is being temporarily laid off with expectation of recall different? I'm worried they might deny my retroactive claim if I can't prove I was applying to other jobs during that short period.

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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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