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Just got my hearing date! April 15th, so about 3 weeks from now. They sent instructions for the phone hearing and said both me and my former employer will be called. I'm nervous but feeling more prepared thanks to everyone's advice here. I've gathered all my evidence and am rehearsing how to clearly explain what happened. Will update after the hearing!
Great news! Make sure you're in a quiet place with good phone reception for the hearing. Have your documents organized and in front of you. Write down key points you want to make. If the employer says something untrue, wait for your turn to speak rather than interrupting. The judges appreciate organized, fact-based presentations. Good luck!
I went through this exact situation back in 2023 and won my appeal! The key thing that helped me was getting a letter from HR confirming the layoff was due to company restructuring, not voluntary resignation. If your company has HR, reach out to them ASAP - they often have standard forms for this. Also, don't panic about the 30-day deadline - you have time to gather evidence properly. I'd recommend writing a brief timeline of events leading up to your termination and any witnesses who can verify you were laid off. The appeal hearing was actually less intimidating than I expected - just answer questions directly and honestly. You've got this!
This is really helpful advice! I wish I had thought to contact HR earlier - I was so focused on gathering the documents I already had. Unfortunately my company's HR department was also laid off during the restructuring (small company), but I do have that termination email from my manager that specifically mentions "position elimination due to restructuring." I'm hoping that plus the text message screenshots will be enough evidence. Your point about writing a timeline is great - I'm going to do that this weekend to organize my thoughts before the hearing. Thanks for the encouragement!
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For anyone else reading this thread with similar issues, here's a quick checklist that might help with ID.me verification delays: 1. Make sure your ID.me account shows "verification complete" not just submitted 2. Continue certifying every single week without exception 3. Check that your contact information is current in both ID.me and your NYSDOL account 4. If it's been more than 3 weeks, try reaching a claims specialist who can manually check your verification status 5. Look for any messages in your online account or email that might indicate additional information needed Most importantly, document everything - dates you certified, dates you called, names of representatives you spoke with, etc. This information can be crucial if you need to escalate your case.
This is super helpful! I wish I'd had this checklist 3 weeks ago when I first did the ID.me thing. For anyone else reading, definitely try to talk to a claims specialist, not just the first person who answers the phone.
Just wanted to chime in as someone who went through this nightmare last summer. The ID.me verification delay is absolutely maddening, especially when you're dealing with bills and rent. What helped me was keeping a detailed log of every call I made and every week I certified - it became really useful when I finally got through to someone who could actually help. Also, don't let them tell you to "just wait" if you're past the 4-week mark. At that point, something is probably stuck in their system and needs manual intervention. The automated verification works for most people, but there's definitely a subset of cases that get hung up and need a human to push them through. Stay persistent and don't give up!
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honestly the whole system is set up to deny claims anyway so you might as well try. worst case they say no and youre in the same spot you are now
That's not really accurate - NYS Department of Labor approves many claims from people who quit for good cause. The key is having proper documentation and meeting the legal requirements.
I was in almost the exact same situation last year with schedule changes and my manager making work impossible. What helped me was keeping a daily log of every incident - when they changed my schedule, what they said to me, how it affected my ability to do my job. When I finally quit and filed for unemployment, I had three months worth of detailed records. NYS Department of Labor approved my claim and said the documentation really helped my case. Start keeping records now even if you haven't decided to quit yet.
This is really helpful advice about keeping a daily log! Did you include things like text messages or emails from your manager in your documentation, or was it mostly just written notes about what happened? I'm trying to figure out what kind of evidence would be strongest for my situation.
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Just went through this myself. Key things NYS Department of Labor told me: you have to show you made reasonable efforts to keep your job before quitting, the situation has to be serious enough that any reasonable person would quit, and you need evidence. Start keeping a journal of every incident, save all communications, and if possible talk to coworkers who witnessed the behavior. Also check if your company has an employee handbook that's being violated.
This is really helpful, thank you. Did you end up getting approved?
Yes but it took forever and I had to appeal the initial denial. The adjudication process was super stressful but worth it in the end.
Have you considered filing a complaint with the Department of Labor for workplace violations while you're still employed? Sometimes having an official complaint on file can strengthen your case if you do need to quit for good cause later. Also, if your hours are being cut randomly, that might actually qualify as constructive dismissal - basically forcing you to quit by making your job untenable. You might want to consult with an employment attorney for a free consultation before making any moves. Many will give you 30 minutes to assess your situation.
Giovanni Gallo
The whole system is rigged against small business owners anyway. We pay all these taxes for years and then when we need help the most they make it impossible to get benefits. Typical government BS if you ask me.
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Edwards Hugo
I'm going through something similar right now - had to close my consulting business after losing my biggest client. From what I've researched, it really comes down to how you structured your business and paid yourself. If you were an LLC or corp and took W-2 wages with unemployment taxes withheld, you might qualify since you technically had an employer-employee relationship with your own business. The key is proving you were an "employee" of your business, not just the owner. I'd definitely apply - the application process will help clarify your eligibility and you'll get a definitive answer from NYS DOL.
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