New York Unemployment

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This is really helpful information everyone! I work in construction and have had to file claims several times over the years due to project completions and weather-related layoffs. It's good to know there's no lifetime cap - I was starting to worry I might be running out of eligibility. The key thing seems to be making sure you work enough between claims to meet the base period requirements for new claims. Has anyone here had experience with how they calculate the base period when you have gaps in employment?

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I'm in a similar situation with seasonal construction work! From what I understand, they look at your base period which is typically the first 4 of the last 5 completed calendar quarters before you file your claim. So even if you have gaps, as long as you earned enough wages in at least 2 of those quarters and meet the minimum earnings threshold, you should be able to establish a new claim. The gaps themselves don't disqualify you - it's all about having sufficient earnings during that base period window.

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@Emily Jackson That s'exactly right about the base period calculation! I ve'been through this process multiple times with seasonal work in landscaping. One thing to add - if you don t'qualify using the standard base period, NY also allows you to use an alternate "base period which" looks at the most recent 4 completed quarters instead of the first 4 of the last 5. This can sometimes help if your most recent work earnings are higher than your earlier quarters. The DOL will automatically check both base periods and use whichever one gives you a valid claim.

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Yuki Sato

I'm new to NY unemployment benefits and this thread has been incredibly informative! I just want to confirm my understanding - so there's no lifetime limit on how many times you can collect unemployment in NY, but each individual claim has a maximum of 26 weeks of benefits within a benefit year? And to qualify for a new claim later, you just need to have worked enough to meet the base period requirements again? I'm asking because I'm considering a career change that might involve some periods of unemployment while I transition between industries.

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Yes, you've got it exactly right! There's no lifetime limit on unemployment claims in NY - you can file multiple times throughout your career as long as you meet eligibility each time. Each claim gives you up to 26 weeks of benefits within a 52-week benefit year. For future claims, you just need to have worked enough during your base period (typically earning wages in at least 2 quarters and meeting minimum thresholds). This system is actually designed to help people during career transitions like what you're considering, so you should be fine as long as you work sufficiently between any potential claims.

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Just wanted to add - make sure you keep your work authorization current while collecting benefits. If your DACA expires during your claim period, it could complicate things. But as long as you maintain work authorization, you're good to go.

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Good point! Mine doesn't expire until next year so I should be fine. Thanks for thinking of that though.

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Don't let fear stop you from applying! I was in your exact situation two years ago - DACA recipient, warehouse job, laid off. I was terrified to apply thinking it might jeopardize my status somehow. But I talked to an immigration lawyer who confirmed that unemployment benefits are completely separate from immigration matters. It's an earned benefit based on your work history and tax contributions. I applied through my.ny.gov and received benefits for several months while job searching. Zero impact on my DACA renewal process. You've paid into the system - you deserve these benefits!

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Thank you so much for sharing your experience! It really helps to hear from someone who was in the exact same situation. I was definitely letting fear hold me back, but hearing that it had zero impact on your DACA renewal gives me the confidence to move forward. Did you have any trouble with the job search requirements while collecting benefits?

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I'm reading through all these responses and just wanted to add something that helped me when I was in a similar situation last year - don't overlook your local Workforce1 Career Centers. They have services specifically for parents like emergency childcare assistance while you're job hunting or in interviews, which was a huge help for me. They also have partnerships with employers who understand that people coming off unemployment need flexible start dates and are willing to work with your situation. The center near me had a "rapid hire" event every Friday where local employers would do on-the-spot interviews for immediate openings. I know it feels impossible right now, but you're clearly a hard worker (6 years at the same restaurant shows loyalty and reliability) and employers need people like that. Also, with all your restaurant experience, don't forget about catering companies - they often pay better than restaurants and the work can be more predictable. Some even offer benefits if you work a certain number of events per month. Keep pushing forward - from everything I'm reading here, you're building a solid plan and you're going to make it through this!

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The Workforce1 Career Centers sound amazing - especially the childcare assistance! That's been one of my biggest challenges with interviewing. I had no idea they offered that kind of support. The Friday rapid hire events are exactly what I need right now - on-the-spot interviews would save me so much time and anxiety compared to the endless application process. And you're absolutely right about catering companies - I actually enjoyed the catering events we did at my old restaurant more than regular service. The pay was definitely better and the schedule was more predictable. Going to look up my nearest Workforce1 center right now. Thank you for the encouragement about my work history too - sometimes it's hard to see the positives when you're in survival mode, but you're right that 6 years at one place shows something valuable to employers. This thread has been like a lifeline today!

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I've been following this thread and my heart goes out to you - I was in almost the exact same situation 8 months ago when my NY benefits ran out. Single mom, two kids, worked retail for 5 years before the store closed. The panic is real and completely understandable. What saved me was attacking this from multiple angles at once instead of waiting for one perfect solution. I immediately applied for emergency assistance (SNAP, emergency rental help through my county), signed up with three different temp agencies in one week, and started doing grocery pickup shifts for Walmart on weekends. The temp work led to a permanent position after about a month - not my dream job, but steady income with benefits. One resource that really helped was contacting my local Assembly member's office - they have staff who specialize in helping constituents navigate state services and can sometimes fast-track applications or find programs you didn't know existed. Also, check if your area has any "back to work" clothing closets - having proper interview clothes made a huge difference in my confidence. The combination approach worked: temp income kept us afloat while I built toward something permanent. You're clearly a fighter and a good parent - that restaurant experience shows dedication and customer service skills that transfer everywhere. Take it one day at a time, but definitely start with the emergency assistance applications and temp agencies tomorrow. You've got this!

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I went through something similar after a back injury two years ago. One thing to keep in mind is that workers comp benefits aren't taxable, while unemployment benefits are. So even though your workers comp might be around $670/week (2/3 of your wages), you keep all of it. If you were getting unemployment at $500/week, you'd owe taxes on that. Also, workers comp will continue as long as you're unable to work, while unemployment has time limits. Definitely stick with workers comp for now, and once your doctor clears you for light duty, then you can explore other options if your employer can't accommodate you.

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That's a really good point about the tax difference! I hadn't thought about that at all. So workers comp being tax-free makes it even better than I calculated. Plus the medical coverage is huge - I've already had like 3 doctor visits and an MRI that would have cost me thousands out of pocket. Thanks for breaking that down, it makes me feel better about my situation.

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I work in workers comp administration and wanted to add a few more details that might help. In NY, workers comp pays 2/3 of your average weekly wage with no cap (unlike disability benefits), and as others mentioned, it's tax-free. The weekly amount is calculated based on your wages from the year before your injury. Since you're making $52k, that should work out to around $667 per week tax-free, which is significantly better than the $170 max from state disability. Also, workers comp will pay for all your medical treatment related to the injury, including physical therapy when you're ready. Once your doctor releases you to light duty, your employer is required to offer you suitable work if available, or your benefits continue. Don't switch to anything else right now - you're actually in the best financial position possible given your situation.

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This is really helpful information! I'm new to all this workers comp stuff and honestly was getting worried I was missing out on better benefits. It's reassuring to know that what I'm getting is actually the best option. One quick question - when they say my employer has to offer suitable light duty work, what happens if they don't have anything that fits my restrictions? Do the benefits just continue indefinitely?

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I'm new to this community but wanted to share what happened to me recently since it sounds very similar to your situation. I had a forfeit hearing scheduled about 3 months ago for underreporting some delivery driver hours - totally my fault for misunderstanding the weekly reporting form. They continued paying my regular benefits the entire time while waiting for the hearing. The key thing I learned is that they only stop payments if there's an actual determination of willful fraud, not just for reporting mistakes. Since you mentioned it was a misunderstanding about hours and not intentional, you should be okay. My hearing was actually conducted over the phone (not sure if yours will be the same), and I had all my evidence ready - work logs, screenshots of the confusing parts of the reporting system, and text messages with my supervisor about schedule changes. The whole thing took about 20 minutes and the hearing officer was very reasonable. I ended up with just 1 forfeit week as a penalty, which honestly felt fair since I did make the mistake. The most important thing is to keep certifying every week like everyone else mentioned - I almost stopped doing it out of stress but thankfully didn't! Hang in there - it sounds like you're handling this the right way by gathering evidence and being proactive. The fact that you're being transparent about it being a mistake will definitely work in your favor.

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Thanks for sharing your experience! It's really reassuring to hear from someone who went through almost exactly what I'm dealing with. The fact that yours was handled over the phone is interesting - I'm not sure yet how mine will be conducted but that might actually be easier than having to go somewhere in person. It's encouraging that you only got 1 forfeit week after being honest about the mistake. I'm hoping for a similar outcome since like you said, it really was just confusion about the reporting form and not any attempt to hide income. I've been gathering all my evidence like you mentioned - work schedules, the confusing screenshots, etc. Thanks for the reminder about continuing to certify - I definitely won't stop doing that! This whole process is stressful but hearing success stories like yours gives me hope that it will work out okay.

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I just went through a similar situation last month and wanted to share my experience to hopefully ease your worries a bit. I had a forfeit hearing for incorrectly reporting some freelance work hours (the online form really is confusing!) and they continued paying my regular weekly benefits throughout the entire process. The key thing I noticed from reading through all these responses is that everyone who had payments continue had situations involving honest mistakes rather than suspected fraud - which sounds exactly like your case. Since you only received a hearing notice and not a formal determination stopping benefits, that's a really good sign. For the hearing preparation, I'd definitely recommend taking screenshots of the confusing parts of the reporting system like others mentioned. I also brought a simple timeline showing exactly what happened and when, which helped demonstrate it was just a genuine mix-up with dates and hours. One thing I learned is to stay calm during the hearing and just be straightforward about what happened. The hearing officer could tell I was being honest about the mistake, and I think that really helped my case. I ended up with 2 forfeit weeks, which honestly felt fair considering I did make the error. Keep certifying every week and gathering your evidence - you're doing everything right! Based on all the experiences shared here, it really sounds like you'll keep getting paid while this gets resolved.

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Thanks so much for sharing your recent experience! It's incredibly helpful to hear from someone who just went through this process. Your point about the difference between honest mistakes vs suspected fraud really resonates - that seems to be the key factor in whether payments continue or not. I love your idea about creating a simple timeline of what happened. That's something I hadn't thought of but it makes total sense to show the hearing officer exactly how the confusion occurred step by step. Combined with the screenshots of the confusing reporting interface, that should paint a clear picture that this was genuinely just a mistake. It's also reassuring to hear that being straightforward and honest during the hearing actually helped your case. I was worried about admitting fault, but it sounds like transparency is definitely the way to go. Two forfeit weeks seems very reasonable for what was clearly an unintentional error. Thanks for the encouragement - hearing all these similar success stories is really helping me feel more confident about the whole process!

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