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I went through something similar a couple years ago with a toxic manager who kept changing my schedule last minute and creating a hostile work environment. I was able to get unemployment after quitting for good cause, but the key was having solid documentation. Start keeping detailed records NOW - every schedule change, every hostile interaction, every time they make you work beyond your scheduled hours without proper notice. Screenshots, emails, text messages, and a daily log with dates/times are your best friends here. Also check if your employer is violating any of NY's Fair Workweek laws about advance scheduling notice - those violations can really strengthen your case. The process took about 6 weeks for me including an adjudication hearing, but having thorough documentation made all the difference. Don't wait until you're at your breaking point to start documenting - the more evidence you have, the better your chances of getting approved for benefits.
@Amina Sy This is really encouraging to hear from someone who successfully went through this! 6 weeks sounds manageable if I can get approved. I m'curious about the adjudication hearing - was it intimidating? Did you have to appear in person or was it over the phone? I m'already feeling overwhelmed just thinking about potentially having to defend my case in front of someone. Also, when you mention Fair Workweek law violations, did you file a separate complaint about those or just use them as evidence for your unemployment claim? I m'trying to figure out the best strategy here because it sounds like my employer might be breaking multiple laws, not just creating a hostile work environment.
I've been through a similar situation and wanted to share what worked for me. Before quitting, I actually reached out to the NYS Department of Labor's worker protection unit to file complaints about the scheduling violations while I was still employed. This created an official record that my employer was violating labor laws, which really strengthened my unemployment case later. You can file these complaints online or by phone, and they investigate independently of any unemployment claim. Having that paper trail of violations made my "good cause" argument much stronger when I eventually did quit and file for UI benefits. Also, don't underestimate the power of sending yourself summary emails after verbal conversations - I'd email myself right after incidents with details like "Manager told me at 3pm I had to stay until 9pm tonight instead of my scheduled 6pm end time" with dates and witnesses present. The DOL adjudicator said this kind of real-time documentation was very credible. Start building your case now while you're still there - it'll make everything easier if you do decide to quit.
@Andre Rousseau This is brilliant advice! I had no idea you could file complaints with the worker protection unit while still employed - that s'such a smart way to create an official paper trail before things get worse. I m'definitely going to look into filing complaints about the scheduling violations right away. The email summary idea is really clever too. I ve'been so frustrated after these interactions that I never thought to document them immediately, but you re'right that real-time documentation would be much more credible than trying to remember everything later. Quick question - when you filed those complaints with the worker protection unit, did your employer find out it was you who filed them? I m'worried about potential retaliation, but it sounds like having that official record was crucial for your case.
@Andre Rousseau This is such valuable information! I m'definitely going to file complaints with the worker protection unit right away - having that official documentation seems like it could make all the difference. One more question if you don t'mind - when you eventually filed for unemployment, did you mention the pending worker protection complaints in your initial application, or did that information come up later during the adjudication process? I want to make sure I present everything in the right order and don t'accidentally hurt my case by mentioning too much upfront. Also, did the DOL ever follow up on those scheduling violation complaints separately, or were they mainly just useful as supporting evidence for your unemployment claim?
As someone who just filed my unemployment claim this morning, this thread has been absolutely invaluable! I was completely lost about how taking on freelance work would affect my benefits and was honestly scared to pursue any opportunities at all. Massive thanks to @Alex Wade for sharing that official DOL link and correcting all the outdated information - the hours-based system is such a relief for newcomers like me! Learning that I can work up to 30 hours per week and earn up to $504 while keeping my full unemployment benefits changes everything. I was literally about to decline a small tutoring gig because I thought ANY work would wipe out my benefits completely. It's honestly frightening how much misinformation from the pre-2021 rules is still circulating online - I almost made a terrible financial decision based on those outdated day-based penalties. I'm definitely bookmarking that partial unemployment page and starting a detailed tracking spreadsheet like others have suggested. This community discussion has been a lifesaver for helping me understand how the system actually works instead of relying on confusing and contradictory advice from other sources. Thanks to everyone who shared their real experiences!
@Ruby Garcia Welcome to the community! I m'also completely new to unemployment just (submitted my application earlier today and) this thread has been such a game changer for understanding how freelance work actually affects benefits. Like you, I was totally overwhelmed and considering avoiding all gig opportunities just to be safe. Thank you so much to @Alex Wade for sharing the official information about the hours-based system - it s incredible'that we can work up to 30 hours and earn up to $504 while keeping full benefits! I was literally going to turn down a small web development project this afternoon before reading this. It s really'scary how much outdated information is still out there from the old rules - this community has probably saved so many of us from making costly mistakes. I m definitely'starting that tracking spreadsheet system from day one like others suggested. Thanks to everyone for helping us newcomers navigate this confusing system with real, current information!
As someone who just started collecting unemployment benefits last week, this thread has been absolutely essential for understanding how gig work affects benefits! I was completely panicked about a small freelance photography project I was offered because I thought any work would completely eliminate my unemployment payments. Huge thanks to @Alex Wade for posting that official DOL link and clearing up all the misinformation floating around - the current hours-based system is such a relief! Learning that I can work up to 30 hours per week and earn up to $504 while keeping my full unemployment benefits is a total game changer for people like me trying to rebuild their careers. I was honestly about to turn down work I really need based on all those outdated comments about losing benefits for working any hours at all. It's honestly terrifying how much bad information from the pre-2021 day-based rules is still circulating online - I almost made a really costly mistake! I'm definitely bookmarking that partial unemployment eligibility page and starting a detailed tracking spreadsheet like others have suggested. This community has been invaluable for helping newcomers like me get accurate, current information instead of outdated advice that could have seriously hurt me financially. Thanks to everyone who shared their real experiences navigating this system!
I'm currently in week 4 of a similar situation - laid off in late April with a 6-week severance package and my claim has been pending this whole time. This thread has been such a relief to read! I was starting to think I did something wrong with my application since the NYS DOL phone system just gives you the runaround and the website is so vague about severance impacts. Now I understand I just need to wait 2 more weeks for my severance period to end before unemployment benefits should start. I've been keeping up with my weekly certifications like everyone recommends here. One thing I'll add - my former HR department was also pretty useless about explaining how this would work with unemployment, so don't expect much help from that direction. This community has been way more informative than any official source I've found!
I'm so glad this thread exists too! I'm in week 3 of my own severance waiting period and was getting really anxious about whether I was handling everything correctly. It's crazy how unhelpful the official channels are compared to hearing from people who've actually been through this process. Your timeline sounds very similar to mine - I also have a 6-week package and have been diligently doing my weekly certifications. It's good to know I'm not the only one finding HR departments pretty useless about the unemployment side of things. They're great at explaining the severance itself but seem clueless about how it interacts with state benefits. Hang in there - sounds like we're both almost through the waiting period!
I'm dealing with this exact same situation right now! Got laid off in January with an 8-week severance package and have been stuck in "pending" status ever since. This thread has been incredibly helpful - I had no idea that severance essentially counts as continued employment for unemployment purposes. I've been doing my weekly certifications but was getting really worried that I messed something up in my initial application. Now I understand I just need to wait out the full severance period. The frustrating part is that my company's HR department made it sound like the severance wouldn't affect unemployment at all, so I was completely blindsided when my claim didn't move forward. Has anyone else had their employer give them incorrect information about this? I'm wondering if HR departments just don't understand how unemployment works or if they're deliberately vague about it.
Omar, I'm so sorry about your mother's stroke - what an incredibly difficult situation. I've been following this thread and wanted to add something that might help that I haven't seen mentioned yet. Since you worked at a hospital for 8 years, you likely have strong connections in the healthcare community. I'd suggest reaching out to the stroke unit or rehabilitation department at your former hospital - they often maintain lists of community resources specifically for stroke survivors and their families that aren't widely publicized. Additionally, many stroke support groups have informal networks where families share resources and sometimes even coordinate respite care for each other. The American Stroke Association chapters often facilitate these connections. Also, if your mother had any kind of retirement savings or pension from her work, there might be hardship withdrawal options available that could provide some financial breathing room while you navigate all these other programs everyone has mentioned. Your dedication to your mother is incredible, and I really hope some of these resources work out for you both.
Sean, that's such a smart suggestion about connecting with the stroke unit at Omar's former hospital! Healthcare professionals often have the inside scoop on resources that aren't well-publicized. The idea about stroke support groups creating informal respite care networks is really interesting too - I hadn't thought about how families might help each other out that way. Omar, given your healthcare background, you'd probably be welcomed with open arms by these support groups since you understand the medical side so well. The point about hardship withdrawals from retirement accounts is also worth exploring - even though there are usually penalties, the immediate financial relief might be worth it in your situation. Between all the amazing suggestions in this thread - from CDPAP to veteran's benefits to your healthcare connections - you really have built quite a comprehensive roadmap. It's clear this community genuinely cares and wants to see you and your mother get the support you deserve.
Omar, I'm so sorry to hear about your mother's stroke and the difficult position you're in. This thread has been incredibly helpful - everyone has shared such valuable resources! I wanted to add one more angle that might help: since you mentioned you worked at a hospital for 8 years, you might want to check if your former employer offers any rehire or per diem opportunities that could work around your caregiving schedule. Many hospitals are desperate for experienced staff and might be willing to create flexible arrangements. Also, have you looked into whether your mother might be eligible for Supplemental Security Income (SSI) if her stroke has left her with significant disabilities? SSI is different from Social Security Disability and is based on financial need rather than work history. The monthly payments aren't huge, but every bit helps. Finally, if your mother owns her home, there are sometimes property tax exemptions available for disabled seniors that could reduce your monthly expenses. Your local tax assessor's office would have information about these programs. You're doing something incredibly selfless, and I hope some of these resources provide the support you both need.
Ethan Wilson
I went through this exact situation about 8 months ago with my company in NYC. The key thing that helped me was getting a letter from HR confirming that my position was being eliminated due to restructuring, even though I signed a separation agreement. When I filed my unemployment claim, I uploaded that letter along with the separation agreement. NYS Department of Labor approved my benefits without any issues. The severance didn't delay my benefits either since it was a lump sum payment, not ongoing wages. Just make sure you're honest about everything when you file - they can see if you received severance pay anyway, so transparency is your best bet.
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Keisha Jackson
•@Ethan Wilson Thank you so much for sharing your experience! This gives me a lot more confidence about my situation. I m'wondering - when you got that HR letter, did you ask for it before or after signing the separation agreement? I m'trying to figure out the best timing for requesting documentation that clearly states the layoff is company-initiated, not voluntary on my part. Also, did NYS DOL ask any follow-up questions about the severance amount or just accept everything at face value once you provided the documentation?
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Savannah Glover
•@Ethan Wilson This is incredibly helpful! I m'actually facing almost the exact same situation - department elimination with a separation agreement that has some confusing language. Quick question about the HR letter you mentioned - did you specifically ask them to state that it was an involuntary layoff due to business reasons, or did they offer that language on their own? I want to make sure I get the right documentation but don t'want to seem like I m'coaching them on what to write. Also, when you filed your claim, did you upload both documents at the same time or submit the HR letter later if they asked for clarification?
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Harper Hill
I just went through this exact same situation a few months ago! The most important thing is making sure the separation agreement accurately reflects that this was the company's decision, not yours. Since your whole department is being eliminated, that's clearly an involuntary layoff regardless of what paperwork you sign. I'd definitely recommend asking HR to revise any language that makes it sound voluntary - they should be willing to clarify that it's due to business restructuring or department elimination. Also, keep all your documentation (the agreement, any emails about the layoffs, etc.) because NYS Department of Labor may want to review them. In my case, having clear documentation made the approval process much smoother. The severance shouldn't disqualify you as long as it's a lump sum and not structured as ongoing wages.
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Sean Kelly
•@Harper Hill This is exactly what I needed to hear! I m'dealing with the same situation right now and was really stressed about the voluntary "language" in my agreement. Since you mentioned asking HR to revise the language, did you have any pushback from them or were they pretty understanding about making those changes? I m'nervous about asking because I don t'want to seem difficult, but I also can t'afford to mess up my unemployment eligibility. How did you approach that conversation with HR?
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