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Same boat here! Started collecting in January and wasn't sure about the job search thing either. Glad someone asked this question because I was worried I was missing something important.
Just to add some clarity on what counts as valid work search activities - I went through this last year. Besides job applications, you can also count things like attending virtual career workshops, registering with temp agencies, creating profiles on job boards like Indeed or ZipRecruiter, and even informational interviews. The key is to keep good records with dates and details. I use a simple spreadsheet to track everything. Also, if you're having trouble finding 3 activities per week in your specific field, you can broaden your search to related fields or consider remote opportunities. The DOL understands that some industries have limited openings, but they want to see genuine effort.
This is really helpful! I didn't realize virtual career workshops and informational interviews counted. I've been stressing about finding enough job applications each week. The spreadsheet idea is great too - I was just keeping loose notes. Do you know if there's a specific format the DOL prefers for record keeping, or is any detailed log okay as long as it has dates and employer info?
I had almost the exact same experience with Walmart about a year ago - fired for attendance due to car problems and they definitely contested my claim. The adjudication took about 3 weeks but I eventually won because I had good documentation of my car troubles. Here's what really helped my case: I gathered every single piece of evidence I could find - repair receipts, photos of my broken down car, text messages to friends about the problems, even my work schedule showing the correlation between car issues and missed days. Walmart contests claims automatically but the NYS Department of Labor adjudicators are actually pretty fair when you can prove the circumstances were beyond your control. The waiting is absolutely nerve-wracking when you need those benefits, but don't give up hope. Make sure to upload everything through your online portal and keep checking for any requests for additional information. Car problems with proper documentation are exactly the kind of legitimate reason that can win these cases, even against big employers like Walmart.
@DeShawn Washington This is incredibly encouraging! I m'so glad you were able to win your case against Walmart. The idea of showing correlation between car issues and missed days is brilliant - I hadn t'thought about organizing it that way but it makes perfect sense. I definitely have the receipts and some photos of my car when it broke down, and now I m'motivated to really dig through my texts and create a clear timeline showing how the car problems lined up with my absences. It s'reassuring to know the adjudicators can be fair when you provide solid evidence. The 3-week timeframe gives me hope since I m'only at 2 weeks now. Thanks for the detailed advice - knowing someone in almost my exact situation actually won makes me feel so much more optimistic about fighting this!
I went through this exact situation with Walmart about 18 months ago - terminated for attendance issues and they fought my unemployment claim hard. The whole process was incredibly stressful, but I want to give you some hope: I actually won my case after about 4 weeks of adjudication. What made the difference was having thorough documentation of my car problems. I had repair invoices, photos of my broken-down vehicle, and even got a written statement from my mechanic explaining that the transmission failure was sudden and unexpected. Walmart definitely contests claims automatically - they have entire teams dedicated to this just to keep their unemployment tax costs down. But the NYS Department of Labor adjudicators do look at the actual evidence and circumstances. Since your absences were due to legitimate car trouble that was beyond your control, you're in a much better position than someone who just had unexplained no-shows. Make sure to upload every piece of documentation you have through your online account - receipts, towing bills, even text messages about your car troubles can help establish the timeline. The 2-week wait is still totally normal for contested claims, so don't panic yet. Keep fighting this - Walmart may challenge every claim, but that doesn't mean they win them all!
@Caden Nguyen This is exactly what I needed to hear right now! Your experience gives me so much hope - knowing someone in my exact situation actually beat Walmart after 4 weeks makes the waiting feel more manageable. I love that you got a written statement from your mechanic explaining the sudden transmission failure. I m'definitely going to contact my shop and see if they can provide something similar about my brake and transmission issues. It s'mind-blowing that Walmart has entire teams just to deny people benefits, but I guess it makes business sense for them even if it s'awful for workers. I m'going to spend today organizing all my documentation - I have receipts from two different repair shops, a towing bill, and photos of my car when it completely died on the highway. Plus I found some texts I sent to my mom complaining about the car troubles right around the time I had to call out. Thanks for taking the time to share your victory - it s'giving me the motivation to keep fighting this instead of just accepting defeat!
This thread has been incredibly helpful! I'm dealing with a similar situation - at week 9 and they want me to consider a position paying $38K when I was making $75K previously. Reading everyone's experiences has given me so much confidence about declining this professionally. The advice about being specific with percentages and citing the 80% rule is spot on. I'm definitely going to use language like "This position at $38,000 represents only 51% of my previous salary, which falls well below the 80% threshold during the first 13 weeks of my claim." One thing I want to add for anyone else reading this - make sure you're also keeping records of your regular job search activities beyond just the DOL suggestions. I've been applying to 4-5 positions per week in my field and documenting everything. That way if they question your commitment to finding work after you decline their low-paying suggestions, you have solid proof you're actively searching for appropriate positions. The tip about updating your work search plan to highlight certifications is genius - I'm logging into my account right after this to make those changes. Thanks everyone for sharing such detailed, practical advice!
This is such great additional advice! Your point about keeping records of regular job search activities beyond DOL suggestions is really important - it shows you're genuinely committed to finding appropriate work, not just being picky about their suggestions. The 51% calculation in your situation makes it even clearer how unreasonable these offers are during the first 13 weeks. I'm also going to start applying to 4-5 positions per week and documenting everything like you mentioned. It's smart to have that extra layer of protection showing active job searching in case they scrutinize your claim after declining their low-paying suggestions. Thanks for adding that perspective - having multiple forms of documentation sounds like the best way to protect yourself while standing firm on reasonable salary expectations!
I'm in week 4 of my claim and just got a similar suggestion from my counselor - they want me to look at a position paying $45K when I was making $90K before (literally 50% like your situation!). Reading through all these responses has been incredibly reassuring that I can decline this without losing my benefits. What I'm taking away from everyone's advice: 1) Be professional but firm in declining, 2) Cite the specific percentage and mention the 80% rule during first 13 weeks, 3) Document EVERYTHING, 4) Update work search plan to emphasize certifications and experience, and 5) Keep up regular job search activities to show you're genuinely looking for appropriate work. The sample email language people have shared here is perfect - being specific about percentages makes it clear you understand the rules and aren't just being unreasonable. I'm also definitely going to start that documentation spreadsheet that several people mentioned. Thanks to everyone for sharing their experiences - this thread should be required reading for anyone on NY unemployment!
same boat here!! got laid off from my restaurant job and hoping unemployment covers at least my rent. this whole thing is so stressful
Just went through this process myself! At $65k annually, you're looking at roughly $1,250 per week before taxes. In NY, you'll likely hit the maximum weekly benefit of $504 since the formula caps out around that level for higher earners. The good news is that overtime definitely counts - they look at ALL wages reported during your base period. One tip: file your claim online at ny.gov as soon as possible since there's a one-week waiting period before payments begin. Also keep detailed records of your job search activities since NY requires you to document your work search efforts. The process can be overwhelming but the benefits do help bridge the gap while you're looking for your next opportunity!
Yara Assad
The whole system is so confusing!! Why don't they explain this stuff better when you first apply? I've been terrified to take any work because I thought I'd lose everything.
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Olivia Clark
•right?? the nys department of labor website is terrible at explaining the rules
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Zane Hernandez
Just want to add my experience - I was in a similar situation and decided to keep filing while working part-time. Best decision I made! The partial benefits really helped bridge the gap until my hours increased. The key is being completely honest about your earnings on the weekly certification. NYS Department of Labor has gotten pretty good at cross-checking with employers, so don't try to hide income. Also, if your part-time job does become full-time and you're earning over your benefit amount, your claim will just go dormant and you can reactivate it later if needed without losing your remaining benefit weeks.
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Kelsey Chin
•This is really helpful advice! I'm new to unemployment benefits and had the same misconception as the original poster. So just to clarify - if I report my part-time earnings honestly and later my hours get cut back, I can just continue filing weekly claims without having to restart the whole application process? And my benefit year clock keeps running the whole time?
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