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Just want to add that timing matters too with separation agreements and unemployment. If you're getting severance pay, that might delay when your UI benefits start even if you're approved. NYS Department of Labor has rules about how severance affects your benefit timing so make sure you understand that part too before making your decision.
This is super helpful info about severance timing! I'm wondering though - does the severance calculation change if it's paid as a lump sum versus weekly payments? My separation agreement mentions a lump sum payment but I'm not sure if NYS Department of Labor would still spread that out over the equivalent weeks when determining when my UI benefits can start.
From what I understand, NYS Department of Labor typically treats lump sum severance the same way - they'll calculate how many weeks it represents based on your regular weekly salary and delay your benefits accordingly. So if you normally made $1000/week and got a $8000 lump sum, they'd consider that 8 weeks of severance even though you got it all at once. But definitely confirm this when you file your claim since there can be exceptions based on how the agreement is worded.
I went through this exact situation about 8 months ago and it worked out fine! The key thing to remember is that NYS Department of Labor cares more about the actual reason for separation than what the paperwork says. When I filed my claim, I was completely transparent about the separation agreement and explained that while it technically said "voluntary resignation," the reality was that my position was being eliminated due to company restructuring. The UI representative I spoke with said this happens all the time and they're used to evaluating these cases. Just make sure you have documentation of the circumstances that led to the separation agreement - like emails about budget cuts, layoff announcements, or anything showing it wasn't really your choice to leave. Also, don't forget to ask HR if you can negotiate the language in the agreement before signing - sometimes they'll add a clause acknowledging the involuntary nature of the separation which makes the UI claim much smoother.
This is exactly the kind of detailed advice I was hoping for! I'm definitely going to ask HR about modifying the language in the agreement before I sign - I hadn't thought about negotiating that part. Do you remember roughly how long the whole process took from filing your claim to getting your first payment? I'm trying to budget for the gap between my last paycheck and when benefits might start.
That's really encouraging to hear it worked out for you! I'm in a very similar spot right now - my company is calling it a "voluntary separation" but everyone knows it's really about cutting costs. Did you find that having those emails and documentation made a big difference during your phone interview with NYS Department of Labor? I'm trying to gather everything I can before I file, including some internal memos about the budget situation that might help show this wasn't really my choice.
dont overthink it just file and be honest about everything. the worst that happens is they tell u to wait a week or two
I went through this same situation a few months ago. The important thing to remember is that vacation pay is allocated to specific time periods - usually the weeks immediately following your last day of work. So if you got laid off on a Friday and have 2 weeks of vacation pay coming, that pay typically covers the next two weeks. During those weeks, you might not be eligible for unemployment benefits (depending on the amount), but after that period ends, your regular benefits should kick in. Definitely file your initial claim right away though - there's usually a waiting period anyway, and you don't want to delay the process. Just be upfront about the vacation pay situation when you do your weekly certifications.
This is really helpful! So basically the vacation pay acts like I'm still "employed" for those specific weeks it covers? That makes sense. I'm glad to hear I should file right away rather than waiting. Did you have any issues with the timing of when you reported the vacation pay - like if it came in a different week than expected?
ugh this form is SO confusing!! why does the NYS Department of Labor make it so complicated??? I've started it like 3 times and keep getting different error messages. Do I really need ALL my employers from the past year and a half?? what if I can't remember exact start dates from my part time job last spring?
Been through this process twice now with NYS Department of Labor. Pro tip - save your application as you go because the system times out. Also double check that your bank routing number is correct for direct deposit. I made a typo and had to wait weeks for a paper check.
You can save progress as you go through the application - there's usually a "Save and Continue Later" button on each page. Just make sure you write down or bookmark the confirmation number they give you so you can pick up where you left off. The system will hold your partial application for about 7 days before timing out completely.
I got a similar suspicious call about 3 months ago and it turned out to be a scam. The dead giveaway for me was that they were asking for my Social Security number "to verify my identity" right off the bat. Legitimate DOL calls usually reference specific claim numbers or dates, and they'll often ask YOU to provide identifying information to them, not the other way around. Since you haven't filed recently and are currently employed, this is almost certainly a scammer trying to either steal your identity or get you to provide personal info they can use fraudulently. Trust your instincts - when something feels off, it usually is.
That's a really good point about how they ask for verification. I didn't even think to pay attention to that detail when I got the call. The person did ask me to "confirm" my SSN which should have been an immediate red flag. Legitimate government agencies already have your information - they don't need you to give it to them over an unsolicited call. Thanks for sharing your experience, it helps confirm this was definitely a scam attempt.
I've been working in fraud prevention for a bank and we see these unemployment scam calls constantly. The scammers have gotten really sophisticated - they'll spoof legitimate government numbers and even have some basic info about you from data breaches. A few red flags to watch for: 1) Calling about claims you didn't file, 2) Asking you to verify SSN/personal info over the phone, 3) Creating urgency like "your benefits will be stopped" or "legal action will be taken." The real NYS DOL is swamped and barely calls people back who ARE actively filing claims, so an unsolicited call to someone who hasn't filed in over a year is almost certainly fraudulent. Good instinct to be suspicious!
This is really helpful information! I had no idea these scams were so common. The urgency tactic makes a lot of sense - they probably try to pressure people into acting quickly before they have time to think it through or verify the call. Since I'm new to this community, I'm wondering if there are other common unemployment-related scams people should be aware of? It seems like scammers are really targeting this system.
Eduardo Silva
I went through this exact situation about 6 months ago! Lost my main job but kept my small weekend gig. The key thing is to file your initial claim right away - don't wait. When you file, you'll report the income from BOTH jobs during your base period (the 4 quarters they use to calculate your benefits). Then each week when you certify, you report whatever you earn from your remaining catering job. The 25% reduction formula mentioned above is correct - so if you earn $200 that week, they'll reduce your benefit by $50 (25% of $200). Just make sure you're available for full-time work and actively job searching, even though you have the part-time catering gig. The NYS Department of Labor website has a partial benefits calculator that can help you estimate what you might receive.
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Ali Anderson
•Thanks for sharing your experience! That's really reassuring to hear from someone who went through the same thing. Quick question - when you say "available for full-time work," does that mean I need to be available during the hours I'm doing catering? Like if I cater on Saturday and Sunday, can I still mark that I'm available for work those days, or do I need to indicate I'm not available? I want to make sure I'm filling out the weekly certification correctly.
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Salim Nasir
•Great question about the availability requirements! From my experience, you mark yourself as available for work on the days you're NOT working the catering job. So if you cater Saturday and Sunday, you'd indicate you're not available those specific days due to work, but available Monday through Friday. The key is being honest about your availability - NYS Department of Labor understands you have a part-time job and they just want to know when you're genuinely available to accept other employment. As long as you're available for at least 3-4 days per week and actively job searching, you should be fine. Don't overthink it - just be truthful on your weekly certification about the days you worked and the days you were available for other work.
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Tyler Lefleur
I'm in a similar boat right now - lost my main retail job but still working a few shifts at a restaurant. From what I've learned, you definitely qualify for partial unemployment benefits in NY. The most important thing is to file your claim as soon as possible after losing your retail job, even though you're still working the catering gig. When you file, they'll look at your earnings from BOTH jobs over the past year to determine your weekly benefit amount. Then each week when you certify, you'll report your catering hours and earnings, and they'll reduce your benefit by 25% of whatever you earned that week. So if you make $150 from catering one week, they'll subtract $37.50 from your full benefit amount. Just make sure you're actively looking for work to replace that lost retail income - they'll ask about your job search activities each week. Good luck!
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Reina Salazar
•This is super helpful, thanks for breaking it down so clearly! I'm definitely going to file right away. One thing I'm wondering about - do you know if there's a minimum number of hours I need to work at the catering job to still qualify for partial benefits? Like, what if some weeks I only get 8 hours and other weeks I get 16 hours? Will the fluctuating schedule affect my eligibility as long as I'm reporting it accurately each week?
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