New York Unemployment

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Ask the community...

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Yes, definitely mention that you're actively looking for other work! That's actually a requirement for unemployment benefits - you need to demonstrate that you're able, available, and actively seeking employment. The fact that you're job searching shows NYS Department of Labor that you're not just sitting around waiting for your old position to come back, which strengthens your case. Keep records of your job search activities too (applications submitted, interviews attended, etc.) since they may ask for proof during your weekly certifications. Your situation with the indefinite budget-related leave and active job search sounds like it should qualify, but getting that documented properly in your initial filing is crucial.

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Jackson Carter

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This is exactly what I needed to hear! I've been worried about filing because I wasn't sure if being on "leave" would disqualify me, but it sounds like my situation is actually pretty textbook for unemployment benefits. I've already started job searching and have been keeping a spreadsheet of applications, so I should be good on that front. One quick question - when you say "documented properly in your initial filing," do you mean I should upload the HR email as supporting documentation, or just reference it in the application text? I want to make sure I give them all the relevant details upfront rather than having to explain later.

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@Jackson Carter Both! I d'upload the HR email as supporting documentation AND reference the key details in your application text. When filling out the initial claim, there s'usually a section where you can explain your separation from work - use that space to clearly state it s'an indefinite unpaid leave due to budget constraints, not disciplinary action. Having the documentation uploaded gives them something concrete to review, but explaining it in your own words in the application ensures they understand the situation right away. Don t'assume they ll'read the attachments first - make your case clear in both places.

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Sean Murphy

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I went through this exact situation about 6 months ago with NYS DOL. My advice: file immediately and be completely transparent about your circumstances. When I filed, I made sure to emphasize three key points: 1) The leave is indefinite with no concrete return date, 2) It's budget-related, not performance-related, and 3) I'm actively available for other employment. The initial determination took about 2-3 weeks, but they approved my claim. The biggest mistake people make is waiting too long to file - you can't get retroactive benefits for weeks you didn't claim. Even if there's uncertainty about eligibility, it's better to file and let them make the determination rather than lose out on potential benefits while you're financially struggling. Document everything and be prepared to explain your situation clearly if they call for additional information.

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Liam Sullivan

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This is super reassuring to hear from someone who actually went through it successfully! I've been hesitant to file because I wasn't sure if it would complicate things with my employer when I eventually go back, but you're absolutely right that losing weeks of potential benefits while struggling financially is worse than the uncertainty. Did NYS DOL require any additional documentation from your employer during the review process, or was your explanation and the HR communication sufficient? I'm trying to prepare for all possibilities since my employer has been pretty vague about the whole situation.

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Harold Oh

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I'm dealing with something really similar right now - left my job in February for what I thought was a better opportunity, then got let go in July when they had "restructuring." Just got my denial letter last week and I'm feeling pretty overwhelmed by all the paperwork they want me to fill out. Reading through everyone's responses here is giving me hope though! It sounds like the key is really emphasizing that most recent job separation. I'm going to focus on that layoff and make sure I have all my documentation ready. Has anyone had success with the online appeal system, or is it better to do everything by phone/mail? The DOL website is kind of confusing about which method is fastest. Thanks everyone for sharing your experiences - this community has been a lifesaver during this stressful time!

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Alice Coleman

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I went through the online appeal system and it was actually pretty straightforward once I got the hang of it. The key is to upload everything as PDFs and make sure your file sizes aren't too big. I found it faster than trying to get someone on the phone, honestly. Just make sure to keep copies of everything you submit and take screenshots showing you successfully uploaded your documents. The system will give you a confirmation number - save that! Also, don't stress too much about the paperwork being perfect. Focus on clearly explaining the timeline and why you were laid off from your most recent job. You've got this! đź’Ş

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I'm in almost the exact same boat! Quit my job in December for what seemed like an amazing opportunity, then got laid off in May when the company had "financial difficulties." Just got my denial letter yesterday and I'm honestly freaking out a bit. Reading through all these responses is making me feel so much better though. It sounds like focusing on the layoff from the most recent job is key, and that appeals actually work! Quick question for those who've been through this - when you're filling out the paperwork, do you mention the previous job you quit at all, or just focus entirely on the most recent employment? I don't want to accidentally hurt my case by bringing up the voluntary quit again. Also seeing a lot of mentions about Claimyr here - has anyone else used it successfully? The $20 seems worth it if it actually gets me through to a human being instead of sitting on hold for hours. Thanks everyone for sharing your stories - it's really helping me feel less alone in this process! 🙏

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Margot Quinn

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One thing to keep in mind is that your benefits might be subject to federal income tax, so that $504/week could be even less take-home depending on your tax situation. You can choose to have 10% withheld for federal taxes when you file your weekly certifications. Also, since you're in finance, you might want to look into whether your company offers any outplacement services - many larger firms do, and that can help with your job search requirements while you're collecting benefits.

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That's a really good point about the tax withholding - I hadn't even thought about that. At my income level I'm definitely going to owe taxes on unemployment benefits. Do you know if the 10% federal withholding is usually enough or should I expect to owe more at tax time?

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Amina Toure

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The 10% withholding might not be enough depending on your overall tax situation. Since unemployment benefits are taxed as ordinary income, if you find another high-paying job later in the year, those benefits could push you into a higher bracket. I'd recommend either having extra withheld or setting aside additional money for taxes. Also, some states tax unemployment benefits too, though New York doesn't, so that's one less thing to worry about.

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Another thing to consider is timing if you do get laid off in January - that's actually a good time to file because your benefit year will run through the end of December, so you'll have the full 26 weeks available if needed. Also, start documenting everything now about your work history and wages. NYS Department of Labor sometimes has issues with their wage records, especially for high earners, so having your own pay stubs and tax documents ready can speed up the process. And don't forget - even though $504 is way less than your current income, it's still something, and every week you delay filing after becoming unemployed is money left on the table since you can't backdate claims.

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Ava Rodriguez

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This is really helpful advice, especially about the timing and documentation. I'm curious though - you mentioned that NYS Department of Labor sometimes has issues with wage records for high earners. What kind of issues should I watch out for? Is it common for them to underreport earnings or delay processing because of the amounts involved?

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ElectricDreamer

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As someone who's new to unemployment benefits myself, I really appreciate everyone sharing their experiences here! The transparency theme that keeps coming up is so important. I've been worried about similar things, especially since the whole process feels overwhelming when you're going through it for the first time. It's reassuring to know that the DOL's systems are designed to catch intentional fraud rather than penalize people who are making honest efforts to comply. I think the key takeaway is that if you're documenting everything and reporting accurately on your weekly certifications, the monitoring systems actually work to protect you rather than catch you in some kind of trap. Thanks for all the helpful insights!

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Liam Fitzgerald

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@ElectricDreamer You've captured exactly how I'm feeling as someone new to this whole system! The overwhelming nature of unemployment benefits when you're experiencing it for the first time really can't be understated. What's been most helpful for me reading through all these responses is realizing that my anxiety about the monitoring is actually a good sign - it shows I want to do things correctly. The fact that everyone keeps emphasizing honest reporting and documentation gives me confidence that as long as I keep being transparent and thorough with my weekly certifications, I'm on the right path. It's amazing how much peace of mind comes from knowing other people have navigated this successfully just by following the rules!

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Jamal Carter

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I'm going through the exact same worries right now! Been on unemployment for about 6 weeks and constantly second-guessing myself even though I know I'm reporting everything correctly. Reading through everyone's experiences here is so helpful - it sounds like the key really is just staying transparent and documenting everything. I've started keeping screenshots of my weekly certifications just in case I ever need to reference what I reported. It's good to know that their monitoring systems are sophisticated enough to distinguish between people trying to commit fraud and people who are genuinely following the rules. Thanks everyone for sharing your stories and advice!

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Jason Brewer

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I completely understand the panic you're experiencing right now - I went through an almost identical situation with NYS DOL about 10 months ago involving a $2,500 overpayment from confused reporting while working variable retail hours. The fear of criminal charges was absolutely debilitating, but I want to give you some concrete reassurance: you are not going to jail over this. What I learned through the process is that criminal prosecution requires proving deliberate intent to defraud under NY Penal Law, which is an extremely high legal standard that applies to systematic schemes involving falsified documents or identity theft - not honest confusion about reporting requirements. Your $2,800 overpayment from part-time work reporting mistakes falls squarely into the civil administrative category that NYS DOL handles routinely. The key is responding to their notice promptly and gathering all your documentation from that period - pay stubs, work schedules, any communication about your hours. I successfully appealed mine by clearly explaining where the reporting instructions were confusing and showing my good faith efforts to comply. The hearing officer reduced my overpayment by about 55% after determining it was an honest error. Focus your energy on building your appeal case rather than worrying about criminal consequences that simply won't happen in your situation. You're going to get through this.

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AstroAdventurer

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Thank you so much for sharing your experience - hearing from someone who went through almost the identical situation just 10 months ago is incredibly reassuring. Your point about the legal standard requiring "deliberate intent to defraud" under NY Penal Law really helps me understand why my situation is fundamentally different from actual criminal cases. The fact that you successfully reduced your overpayment by 55% through the appeal process gives me real hope that I can resolve this reasonably too. I'm definitely going to follow your advice about focusing on building my appeal case rather than spiraling about consequences that won't actually happen. It's amazing how much clarity I'm getting from all these responses from people who've actually lived through this process - I feel like I can finally shift from panic mode to practical action mode.

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Madison King

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I went through this exact situation with NYS DOL about 15 months ago - $2,650 overpayment from reporting confusion during a period when I was working irregular shifts at two different retail locations. The terror about potential criminal charges was consuming every aspect of my life, but I want to share what I learned that completely changed my perspective: criminal prosecution for unemployment fraud in NY targets deliberate, large-scale schemes involving identity theft or systematic deception over extended periods - not workers who made honest mistakes with confusing reporting requirements. What really helped me was understanding that NYS DOL processes thousands of these overpayment cases annually and they have extensive experience distinguishing between genuine confusion and intentional fraud. I gathered all my documentation from that period (pay stubs, work schedules, even photos of confusing scheduler apps my employers used) and submitted a comprehensive appeal explaining exactly where the reporting process was unclear to me. The hearing officer was surprisingly understanding and could clearly see I was a legitimate worker who got confused by overlapping work schedules and unclear reporting instructions. They reduced my overpayment to about $850 and offered a payment plan that worked with my budget. The most important thing I learned is that the anxiety and fear are by far the worst parts of this process - once you start taking concrete steps to address it through proper channels, everything becomes much more manageable. Don't let the intimidating language in their notices paralyze you from taking action. Focus on your documentation, submit your appeal before the deadline, and trust that the system can tell the difference between honest mistakes and intentional fraud. You're going to be okay.

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Thank you for sharing such a detailed and encouraging account of your experience - this really helps put everything in perspective. Your situation with irregular shifts at two retail locations sounds very similar to mine, and knowing that you successfully navigated the entire process gives me real confidence. The point about NYS DOL having extensive experience distinguishing between genuine confusion and intentional fraud is something I keep hearing from everyone, and it's finally starting to sink in that my case really is routine for them. I love your idea of including photos of confusing scheduler apps - I actually have screenshots of the unemployment portal that I found confusing, so I'll definitely include those in my appeal. Your advice about not letting the intimidating language paralyze me from taking action is exactly what I needed to hear. I feel like I can finally stop spiraling and focus on building a strong appeal with proper documentation. Thank you for taking the time to share such specific and reassuring details.

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