Listen, if you want a real answer instead of these guesses, you HAVE to talk to someone at unemployment directly. Try calling right at 8:00am when they open or use that service someone mentioned above (claimyr.com) - my friend used it last month when she had payment issues and said it was the only way she finally got through.

I went through something similar last year when I moved to North Carolina for a semester program while claiming NY unemployment. Here's what I learned from actually talking to a rep: 1. You CAN claim while temporarily out of state for education as long as NY remains your permanent residence 2. You must still be actively searching for work in NY and be willing to return for interviews 3. The key is being honest about your situation - don't try to hide where you are 4. Your school schedule matters more than your location - they need to know you're available for full-time work if offered 5. Keep detailed records of your job search activities in NY I had to do a phone interview about 6 weeks into my program where they asked about my availability and school schedule. Since I was only taking 3 classes and could accept work, they approved my continued benefits. The hardest part was getting through to someone initially - took me weeks of calling. I'd recommend trying that Claimyr service others mentioned since the phone system is basically impossible to navigate otherwise. Whatever you do, don't guess or assume - get it officially documented in your file. The penalties for misrepresenting your situation are severe, but if you're honest and follow the rules, you should be fine.

Same thing happened to me but with my car breaking down constantly. Filed anyway and got approved after they investigated. The key is showing it wasn't intentional misconduct.

I work in HR and can tell you that attendance issues don't automatically disqualify you from unemployment benefits. The NYS Department of Labor looks at whether the behavior was willful misconduct or due to circumstances beyond your control. Childcare emergencies can be considered compelling circumstances. Make sure to file your claim immediately and be completely honest about the situation. Keep any documentation you have about the childcare issues - texts, emails, etc. Even if your claim goes to adjudication, don't give up. Many people win their appeals when they can show the attendance problems weren't due to deliberate misconduct.

Good luck with the appeal! Make sure you gather all your documentation before the hearing. The hearing officers are usually fair if you have proof of your wages.

I went through something similar a few months ago. One thing to check - make sure all your employers reported your wages correctly to NYS. Sometimes there are delays or errors in wage reporting that can mess up your base period calculations. You can request a wage transcript from NYS Department of Labor to see exactly what wages they have on file for you. If there's a discrepancy between what you actually earned and what they show, that's definitely grounds for appeal. Also, double-check that they used the right base period - sometimes they calculate it wrong if you filed right at the beginning or end of a quarter.

FINAL UPDATE: Had my fact-finding interview this morning. It was quick - about 15 minutes. I presented my termination letter which clearly stated "position eliminated due to departmental restructuring" and the interviewer seemed satisfied. My former employer didn't even show up for the call. The interviewer said my claim should be processed within 3 business days and all backdated weeks will be paid at once. Such a relief! Thanks again everyone - if anyone else is dealing with a stuck claim, definitely try to speak with an actual person. The online system just doesn't handle complex situations well.

This is such a great example of why persistence pays off with unemployment claims! I'm dealing with a similar situation right now - my claim has been pending for 3 weeks and I was starting to panic. Your story gives me hope that there's usually a specific issue that can be resolved once you get through to the right person. I'm definitely going to try that Claimyr service you mentioned since calling directly hasn't worked for me either. It's ridiculous that we have to jump through so many hoops just to get the benefits we're entitled to, but at least there are solutions out there. Congrats on getting it sorted out!

hope this helps!! went through the same thing when I got laid off from my restaurant job in December

Just went through this exact situation a few months ago! The 10 business day timeline is accurate, but here's a tip that helped me: you can actually call the Telephone Claims Center at 888-209-8124 after the 10 days are up to check on the status. I found out my employer had responded on day 8 but there was a backlog in processing. The rep was able to tell me my case was moving to final review. Also, make sure you keep certifying your weekly benefits even while it's pending - you'll get backpay for those weeks once approved. Hang in there, the waiting is the worst part but most claims do get resolved within that 21-day window they mention.