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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.
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.
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.
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!
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?
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.
CosmicCaptain
I'm going through the exact same thing right now! My status changed to "decision rendered" three days ago after being in adjudication since early March. I called the DOL office and while I couldn't get through to speak to anyone, the automated system did confirm that a determination has been made and that I should receive written notice within 5 business days. I've been checking both my online account documents and my physical mailbox multiple times a day. The uncertainty is absolutely killing me - I just want to know if I can finally start paying my rent again! Has anyone who got their determination letter recently noticed any pattern in timing? Like do they tend to mail them out on certain days of the week?
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Alexis Renard
•@CosmicCaptain I'm in the exact same situation! Mine changed to "decision rendered" yesterday and I've been doing the same obsessive checking routine. From what I've noticed reading through other posts on here, it seems like there's no real pattern to when they mail the letters out - some people get them in 2-3 days, others wait up to a week. The automated system confirmation is actually reassuring though, I didn't think to try calling! I'm going to try that today. This whole process has been such a nightmare, but at least we're finally at the end of the waiting game. Fingers crossed we both get good news soon and can finally get some relief!
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Yuki Sato
I'm literally going through the EXACT same thing right now! My status just changed to "decision rendered" yesterday after 8 weeks in adjudication purgatory. I've been reading every single comment here and it's both comforting and terrifying to know so many of us are in the same boat. The fact that it could go either way is making me lose sleep - I keep having nightmares about getting denied after waiting this long. I've already checked my online documents section about 20 times today and keep running to the mailbox every time I hear the mail truck. This whole system is designed to drive us insane! At least now I know to expect the letter within a few days. Sending positive vibes to everyone else waiting - we've made it this far, just have to hang in there a little longer!
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