New York Unemployment

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I'm in a similar situation and it's been really tough trying to get answers from NYS Department of Labor directly. Their phone lines are always busy and when I finally got through, they just told me the same thing about needing W-2 wages. If you're having trouble reaching them, I found this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that explains how it works. At least I was able to get a definitive answer about my situation.

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Thanks for sharing that! I've been trying to call for weeks with no luck. How does that service work exactly?

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This whole system is broken honestly. Gig work is real work but the government treats us like we don't exist when we need help. Meanwhile regular employees get all these protections.

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I understand the frustration, but the unemployment system is funded by employer taxes on W-2 wages. Since gig companies don't pay into the system for contractors, there's no fund to pay benefits from. It's not perfect but there's a logic to it.

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Just wanted to share my experience since I'm currently doing exactly what you're describing! I've been on NY unemployment for about 2 months while doing DoorDash part-time after getting laid off from retail. Here's what I've learned: Apply for unemployment ASAP based on your warehouse job - don't wait. The key is being completely honest about your DoorDash work from day one. When you certify each week, you'll report exactly which days you worked (even if just for an hour) and your gross earnings. The day-based reduction system actually works in your favor if you're only making $150-200/week. I cluster my DoorDash work into 2 days and make about $180-220 those days, which gets me 50% of my unemployment benefit instead of working 4-5 days and getting nothing. Pro tip: Download a mileage tracking app and keep detailed records of when you start/stop DoorDash each day. You'll need this info for weekly certifications and it's way easier than trying to remember later. The whole process is definitely manageable once you get into a routine with the reporting. Don't let the complexity scare you off from filing - you deserve those benefits while you're looking for stable work!

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This is exactly what I needed to hear from someone who's actually doing it! The clustering strategy makes so much sense - I was thinking about it all wrong by trying to spread out my DoorDash work throughout the week. Two days at $90-110 per day sounds way more strategic than what I'm doing now. Quick question - when you say you report "exactly which days you worked even if just for an hour," do you mean if I turn on the DoorDash app but don't get any orders, I still count that as a work day? Or only days where I actually completed deliveries? Want to make sure I understand the reporting correctly before I file. And thanks for the mileage app tip - definitely downloading one today!

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Good question about the app time! From what I understand, you only count it as a work day if you actually earn money - so days when you complete deliveries, not just when you have the app on waiting. But honestly, this is one of those gray areas where different people seem to interpret it differently. When I talked to someone at the workforce center, they said to be conservative and count any day where you're "actively working" which to me means actually doing deliveries. I'd recommend asking this specific question when you file your initial claim, or maybe calling one of those workforce development centers that @bd396c3fc8ef mentioned since they deal with this stuff all the time. Better to get a clear answer upfront than guess and potentially have issues later! Also totally agree with @6fb380051d08 about applying ASAP - I waited too long thinking I needed to figure everything out first, but you can always clarify the details once your claim is active.

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I'm in almost the exact same boat! Got laid off from my office job about a month ago and started doing Uber Eats to try to make ends meet, but I'm only pulling in like $120-160 a week because the market is so saturated in my area. Reading through all these responses has been super helpful - I had no idea about the day-based system vs just income reduction. Sounds like I should definitely file for unemployment based on my regular W-2 job and then be really careful about how I report my gig work. One thing I'm still confused about though - do you have to wait a certain amount of time after getting laid off to file? I keep seeing conflicting info about whether there's a waiting period or if you should file immediately. My last day at my office job was about 4 weeks ago but I've been doing the gig work since week 2, so I'm worried I might have missed some kind of deadline. Also, has anyone here had experience with Uber Eats specifically vs DoorDash for unemployment reporting purposes? I assume it's all treated the same as gig work, but want to make sure before I start the process. Thanks everyone for sharing your experiences - this thread is way more helpful than anything I've found on the official NY DOL website!

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You definitely haven't missed any deadline! In NY, you should file for unemployment as soon as possible after becoming unemployed, and you can file up to a year after your job loss (though obviously the sooner the better for your finances). Four weeks isn't too long at all - I know people who waited months before filing. The key thing is that your benefit start date will be based on when you file, not when you lost your job, so don't wait any longer thinking you missed some window. File this week if you can! And yes, Uber Eats is treated exactly the same as DoorDash for unemployment reporting - it's all considered gig work/self-employment. You'll report your gross earnings and work days the same way regardless of which platform you use. Some people even do multiple gig apps and just combine all their earnings when they certify each week. The fact that you started gig work in week 2 after your layoff is actually perfect timing - you can honestly report that you've been doing part-time self-employment while looking for regular work, which shows you're making an effort to earn income while job searching. That's exactly what the system is designed to support. Get that application started ASAP and don't stress about the timing - you're well within the filing window!

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Just wanted to add that while there's no waiting week, make sure you file your initial claim as soon as possible after becoming unemployed. Even though you'll get paid retroactively for eligible weeks, you can only backdate your claim by one week from when you actually file. So if you wait too long to apply, you might lose out on benefits for those earlier weeks. Also, keep all your documentation handy - pay stubs, separation notice, etc. - in case they need to verify anything during processing.

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This is really helpful info about the one week backdate limit! I had no idea about that rule. I filed pretty quickly after losing my job but good to know for future reference. Do you know if the same rule applies if you're filing for partial unemployment while working reduced hours? Or is that handled differently by NYS Department of Labor?

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I believe the same one-week backdate rule applies to partial unemployment claims too. NYS Department of Labor treats partial UI similarly to regular unemployment when it comes to filing deadlines. The key is to file as soon as your hours get reduced, not wait to see if things improve. I learned this the hard way when my hours got cut last year - waited almost two weeks thinking it was temporary and ended up losing benefits for that first week. Better to file immediately and stop claiming later if your hours go back up.

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One thing to keep in mind - even though NY eliminated the waiting week, you still need to serve a "waiting day" which is basically just the day you file your initial claim. So if you file on a Tuesday, that Tuesday counts as your waiting day but you can still get benefits starting that same week as long as you meet all the other eligibility requirements. Just make sure you understand the difference between a waiting week (which NY doesn't have) and the waiting day (which still exists). The key is to file your weekly certifications on time every single week - I can't stress this enough!

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Wait, I'm a bit confused about this waiting day concept. Is the waiting day something separate from the waiting week that everyone's been talking about? I thought people were saying there's no waiting period at all in NY. Can you clarify what exactly happens on that waiting day and how it affects when I'd get my first payment?

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Update: Just finished filing my new claim! The process was straightforward once I had all my information ready. One tip - they ask for exact dates of employment so make sure you have that info handy. My claim is now showing as pending and I should hear back within a few days about approval. Thanks everyone for the help!

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glad it worked out! remember to file your first weekly claim this week even if your initial claim is still pending

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Great to hear you got your claim filed successfully! Just wanted to add for anyone else reading this - if you're filing a new claim after your previous one expired, make sure to keep documentation of your job search activities from day one. Even while your claim is pending, NYS Department of Labor expects you to be actively looking for work. I learned this the hard way when they asked for my job search records retroactively during my eligibility review. Also, if you worked in multiple states during your base period, you might need to file an interstate claim which has different requirements.

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This is really helpful advice about keeping job search records from the start! I'm curious about the interstate claim situation - how do you know if you need to file an interstate claim versus a regular one? Is it based on where you worked most recently or where you earned the most wages during the base period?

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Have you considered consulting with an employment attorney before making your decision? Many offer free consultations and can help you understand if your situation might qualify as constructive dismissal or if there are legal protections you should know about. Sometimes having a lawyer send a letter to your employer about the harassment can either improve the situation or create documentation that strengthens your unemployment claim if you do end up quitting. Also, keep in mind that NYS has specific laws about hostile work environments - if you can establish that pattern, it could really help your case with the Department of Labor.

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That's really solid advice about consulting with an employment attorney. I hadn't thought about the constructive dismissal angle - that could be a game changer. Do you happen to know if there are any specific organizations in NY that offer free employment law consultations? I'm trying to explore all my options before making any moves, and understanding the legal side could really help strengthen whatever case I might have with the Department of Labor.

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You might want to look into Legal Aid Society of New York or New York Legal Assistance Group (NYLAG) - both offer free employment law consultations for qualifying individuals. Also check if your county has a bar association that runs free legal clinics. Before you quit though, I'd strongly recommend starting to document everything now - dates, times, witnesses, any written communications. Even if you don't have formal HR complaints filed yet, contemporaneous notes about incidents can be really valuable evidence. And definitely save any work emails or texts to a personal account if they show the harassment pattern. The more documentation you have showing you tried to address the situation internally before quitting, the stronger your "good cause" argument will be with NYS Department of Labor.

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This is incredibly helpful information! I really appreciate the specific organizations you mentioned - Legal Aid Society and NYLAG sound like exactly what I need. I'm definitely going to start documenting everything immediately. Question though - when you say save work emails to a personal account, is that legally okay to do? I don't want to get in trouble for taking company communications, but I also need to protect myself. Also, do you think it's worth trying to get incidents documented through HR even if I don't trust them to actually help? It sounds like having that paper trail could be crucial for the Department of Labor case.

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