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My dad worked construction which also has seasonal layoffs in winter and he always called it 'going on the dole' lol. But seriously, in NYS the construction and tourism industries have this pattern built into their business models. Workers expect it, employers plan for it, and the unemployment system handles it as routine. It's definitely structural unemployment in the textbook sense.
This is really helpful for understanding how seasonal unemployment works in practice! I'm actually curious about something related - does the NYS Department of Labor have different benefit amounts or durations for seasonal workers compared to regular unemployment claims? Or do they all go through the same calculation based on prior earnings? I'm wondering if the predictable nature of seasonal layoffs affects how benefits are administered, since unlike other types of unemployment, both the worker and employer know exactly when the layoff is coming.
The whole unemployment system is set up to deny people benefits. These hearings are just another hoop they make you jump through hoping you'll give up. I've seen people with legitimate claims get denied because they didn't phrase something exactly right during the hearing.
I went through this process about 6 months ago and want to share some practical tips that helped me. First, don't be intimidated - the administrative law judge was actually quite patient and fair. Make sure you have a quiet place for the phone hearing and test your phone connection beforehand. Write down a timeline of events leading to your job separation and practice explaining it clearly. If you were fired, focus on whether it was for misconduct or just poor performance (misconduct can disqualify you, but poor performance usually won't). If you quit, you need to show it was for good cause. The hearing usually lasts 30-60 minutes, and you'll get the decision in writing within 2-3 weeks. Good luck with your appeal!
This is really helpful advice! I'm particularly worried about explaining my situation clearly during the hearing. When you say to practice explaining the timeline, did you actually write it out word for word or just have bullet points? Also, how formal should I sound when talking to the judge - like should I say "Your Honor" or just speak normally?
wait but what if the company doesn't actually call you back? my buddy got 'seasonally laid off' and they never brought him back even though they said they would
Just wanted to add - make sure you keep records of your layoff date and any communication from your employer about the seasonal nature and expected return date. NYS DOL may ask for documentation to verify it's truly seasonal and not a permanent separation. Also, if you have any side skills like snow removal or indoor renovation work, you might be able to pick up some temporary income while collecting benefits, just make sure to report any earnings on your weekly certifications.
Just wanted to say I'm in the same boat with the processing delays. It's frustrating not knowing what's normal vs what's a problem.
I work with labor statistics and can confirm the numbers Jamal mentioned are pretty accurate. The NYS Department of Labor publishes their Labor Market Report monthly - you can find it under "Research and Statistics" on their website. As of the latest report, continuing claims (people actively collecting) were around 380,000 statewide. But keep in mind this includes all types of UI benefits. The processing delays you're experiencing are unfortunately common right now - the department has acknowledged staffing shortages in their adjudication units. Three weeks isn't unusual, though I know that doesn't make it less stressful when you're waiting.
Emma Wilson
The NYS Department of Labor will look at whether you made reasonable efforts to resolve the workplace issues before quitting. Did you file complaints with HR? Document incidents? Try to work with management? If you just up and quit without trying to fix things first, they're more likely to deny your claim. But if you can show you tried everything and the situation was truly unbearable, you have a better shot at getting benefits.
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Malik Thomas
This is exactly what I went through 6 months ago! I was so stressed about quitting because I needed the income but couldn't take the abuse anymore. Ended up getting approved for benefits because I had documented everything and showed I tried to resolve it internally first.
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Paolo Longo
•That gives me hope! How long did it take from when you filed until you got your first payment?
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Aisha Abdullah
•@Malik Thomas That s'really encouraging to hear! What specific documentation did you find most helpful when proving your case? I m'starting to document incidents now but want to make sure I m'capturing the right information in case I need to file a claim later.
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