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Just be careful because some severance agreements DO include salary continuation which would count as earned income. Read your severance paperwork carefully to make sure it's truly a lump sum dismissal payment.
I went through this exact situation a few months ago. Emma is right - lump sum severance is typically not considered earned income for unemployment purposes in NY. The key thing is that it's a one-time payment for job loss, not wages for work performed. I'd still recommend keeping all your severance paperwork just in case NYSDOL ever asks for documentation, but you shouldn't need to report it on your weekly claims. Just make sure you're still actively looking for work and reporting any actual earnings from new employment!
Just went through this whole process myself! Had 5 calls total over 6 months - they're definitely not monthly like I thought they'd be. The timing seems totally random but they do eventually stop once you establish a pattern of compliance. My advice is to always answer unknown NY numbers during business hours and keep a simple log of your job search activities. Makes the calls way less stressful when you're prepared!
Thanks everyone for sharing your experiences! I'm on my second call and was definitely worried this would be a monthly torture session. Sounds like it varies a lot but eventually stops - that's a huge relief. @Sophie Hernandez your breakdown was super helpful, especially about keeping detailed job search records. I've been kind of winging it with my documentation but clearly need to get more organized before the next call hits!
I'm going through something really similar right now with my rheumatoid arthritis. My employer terminated me last month saying I was taking "too many sick days" even though I had a doctor's note and tried to work from home when possible. I filed my claim three weeks ago and it's still pending review. Reading through everyone's experiences here is giving me hope that it will get approved eventually. The most frustrating part is feeling like you have to prove you're sick enough to need accommodations but not so sick that you can't work at all. It's such a fine line to walk. For anyone else in this situation - definitely start gathering all your medical documentation now, even if it feels overwhelming. I wish I had been more proactive about documenting my accommodation requests in writing.
I'm so sorry you're dealing with this too - the whole "too sick to work normally but not sick enough to be disabled" catch-22 is infuriating! Three weeks pending sounds about normal from what I've seen, but definitely frustrating when you need those benefits. Your situation with RA sounds really strong for approval since you had doctor's notes and were trying to find solutions like WFH. The fact that you were proactive about getting medical documentation should work in your favor. Hang in there - from everything I'm reading here it seems like NY DOL generally sides with people who have legitimate medical conditions when employers fail to accommodate. Keep us posted on how it goes!
I'm dealing with a similar situation right now - got let go two months ago because my anxiety disorder was causing me to need mental health days more frequently than they liked. I was terrified to file because I thought getting fired automatically disqualified me, but reading everyone's experiences here is really encouraging! I finally submitted my claim last week and included documentation from my therapist about my condition and the accommodations I had requested (like flexible scheduling for therapy appointments). The waiting is killing me but it sounds like as long as you have medical backing and can show you were trying to work within your limitations, NY DOL is pretty fair about these cases. @Sophia Long definitely file ASAP - the worst they can say is no, but from what I'm seeing here you have a really good chance of getting approved since diabetes is a legitimate medical condition that requires accommodations.
I went through something similar last year. The key thing is to be completely honest when you file your claim and during any interviews. Don't try to hide the no call no show - they'll find out anyway when they contact your employer. Focus on documenting the toxic work environment as much as possible. Even without medical records for the panic attacks, if you have any text messages, emails, or coworkers who witnessed the hostile conditions, gather all of that. I also recommend looking into whether your state has any mental health resources that might help you get documentation retroactively. The process isn't fun, but you might be surprised - sometimes employers don't fight unemployment claims as hard as you'd expect, especially if they know their workplace had issues.
This is really helpful advice, thank you. I do have some text messages from coworkers complaining about the same supervisor who was making my life hell, so maybe that could help my case. The part about employers not always fighting claims gives me some hope too. Did you end up getting approved eventually? And how long did the whole process take from filing to actually receiving benefits?
I'm in a similar boat right now and just wanted to share what I've learned from talking to others who've been through this. The no call no show definitely complicates things, but it's not an automatic disqualification like some people think. When you file, they'll ask you to explain why you left your job - be honest about the panic attacks and toxic environment, but also acknowledge that you handled it poorly by not communicating. NYS DOL seems to care more about whether you had legitimate reasons for your actions rather than whether you followed proper procedures. I'd also suggest starting to document everything you can remember about the toxic workplace now while it's fresh - dates, specific incidents, any witnesses. Even if you don't have medical records for the panic attacks, a detailed timeline of what was happening at work that led to your mental health issues could help your case. The worst they can do is say no, and then you can appeal with more evidence.
This is really solid advice. I'm dealing with something similar and the part about documenting everything while it's still fresh is so important. I wish I had started doing that sooner instead of just trying to forget about the whole experience. One thing I've been wondering about - when you're explaining the situation to NYS DOL, is it better to focus more on the workplace conditions or on taking responsibility for not handling it properly? I feel like I need to strike the right balance between explaining why I left and admitting I messed up the way I did it.
Kayla Morgan
Hey @Zara Perez! I just went through this exact same situation a few months ago. The process is actually pretty straightforward once you know what to do. When you certify for your last week (the week ending before you start work), make sure to answer "YES" when they ask if your employment status changed and enter November 17th as your return-to-work date. After that, just stop certifying - don't file a new claim or anything. Your claim stays open for a full year in case you need it again, but it goes inactive once you stop certifying. The key is being honest about your work status on that final certification. I was worried about the same things you mentioned, but as long as you don't keep certifying after you start working, you'll be totally fine. Congrats on landing the job! 🎉
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Amina Sy
•Thanks @Kayla Morgan! This is really reassuring to hear from someone who just went through it. I was definitely overthinking the process. It sounds like as long as I'm honest on that final certification about returning to work, everything should be smooth. Really appreciate you tagging me so I didn't miss your response - this whole thread has been incredibly helpful! 😊
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Keisha Robinson
I just went through this same process a couple months back! The good news is it's actually pretty simple once you know the steps. Here's what worked for me: 1. For your last certification (the week before you start work), answer YES when asked if your employment status changed and put in your November 17th start date 2. If you're starting mid-week, report any earnings from your new job for that partial week 3. After that final certification, just stop certifying - no need to "close" anything officially 4. Your claim stays open for a year but goes inactive when you stop certifying The most important thing is DON'T keep certifying once you're working full-time - that's considered fraud and they will make you pay it back with penalties. Also, definitely take a screenshot of your final certification confirmation page showing you reported returning to work. The NY system can be glitchy and it's good to have proof you did everything correctly. Congrats on the new job! It feels great to be back to work after dealing with the unemployment system for months. You've got this! 👍
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