New York Unemployment

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what happens if you get unemployment while working - NYS Department of Labor consequences?

I'm really confused about something and need help understanding the rules. I've been collecting unemployment for about 6 weeks now, but last week I picked up some part-time work at a restaurant - just two shifts, made about $180. I reported it on my weekly claim like I'm supposed to, but now I'm worried I did something wrong. What exactly happens when you work while getting unemployment benefits? Will NYS Department of Labor reduce my payment or cut me off completely? I'm scared I messed up somehow even though I was honest about the earnings.

Just make sure you keep track of your hours and earnings! NYS Department of Labor cross-references with employer wage reports so they WILL find out if you don't report correctly. I've seen people get massive overpayment bills because they thought they could hide small jobs.

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You're absolutely doing everything right by reporting your earnings! I've been in a similar situation and the anxiety is totally understandable. Just to add to what others have said - the NYS Department of Labor actually encourages part-time work while on unemployment because it helps people transition back to full employment. The partial benefit system is designed specifically for situations like yours. Keep detailed records of your work hours and pay stubs, and continue reporting honestly each week. You're not going to get in trouble for working part-time and reporting it correctly - that's exactly what you're supposed to do!

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Can I certify for ny unemployment while visiting another state for a few days?

I've been collecting unemployment in New York since May after my retail job downsized. I'm planning to visit some family in Nevada next week from Thursday to Monday. Will this mess up my ability to claim my weekly benefits? Do I have to physically be in New York when I certify? I've heard different things and I'm worried about doing something wrong. I'll still be actively applying for jobs while I'm away and can take interviews remotely if needed. I'm just visiting, not relocating or anything. Has anyone done this without issues?

I was in almost the exact same situation last year! I had been on NY unemployment since April and needed to visit my sister in Arizona for a long weekend. I was so worried about it that I actually used Claimyr to get through to a representative beforehand. The agent I spoke with was super helpful and explained that short domestic trips are completely fine as long as you remain available for work and continue your job search activities. She emphasized that "available for work" in today's job market includes being able to do phone and video interviews, which it sounds like you're prepared for. I certified from Arizona without any issues and even had a Zoom interview scheduled for the Monday I got back. The rep also mentioned that they understand people have family obligations and normal life situations - they're not expecting you to be chained to your house while on unemployment. Just keep documenting your job applications and stay reachable for potential employers. You're only going for a few days and you're being responsible about it, so you should be totally fine. Have a great visit with your family!

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This is so reassuring to hear! I've been stressing about this for way too long. It sounds like using Claimyr to talk to someone beforehand was really smart - I might do the same just to have that peace of mind and get it documented in my file. I love that the rep specifically mentioned how "available for work" includes remote interviews now. That makes total sense given how much the job market has changed. I'm definitely going to keep detailed records of all my job applications while I'm away. Thanks for sharing your experience - it's exactly what I needed to hear!

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I've been on NY unemployment since September and was in almost the exact same situation a few months ago - needed to visit my aunt in Colorado for a long weekend. I was so worried about it that I couldn't sleep! But after reading through all the advice here and talking to a rep (used claimyr.com to get through), I learned it's really not a big deal at all. The rep told me that as long as you're genuinely available for work and keeping up with job searches, short domestic trips are totally fine. I ended up having a great time with my family and certified from Colorado without any issues. Just make sure you can honestly answer "yes" to being ready and able to work each day - which it sounds like you can since you're staying available for remote interviews. Bring your laptop, keep applying to jobs, and enjoy your time with your family! You're definitely overthinking this (I was too). Have a safe trip to Nevada! ๐ŸŒŸ

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This is exactly what I needed to hear! I've been losing sleep over this too and it's so reassuring to know I'm not the only one who was overthinking it. Your experience with calling ahead using claimyr.com sounds like a smart move - I think I might do the same just to have that extra peace of mind and get it documented. It's amazing how much stress we put ourselves through when it's really just a matter of staying available for work and keeping up with job applications. I'm definitely going to follow everyone's advice here and just treat it like a normal week of job searching, just from a different location. Thanks for sharing your story and for the encouragement - this whole thread has been incredibly helpful! ๐Ÿ’™

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Can gig workers get unemployment benefits through NYS Department of Labor?

I've been driving for rideshare and doing food delivery for the past 18 months as my main income. Business has been really slow lately and I'm barely making enough to cover gas. A friend told me that gig workers might be eligible for unemployment now but I'm not sure if that's true in New York. I never paid into unemployment insurance since I'm technically self-employed. Has anyone here successfully filed for UI as a gig worker? What documentation did you need and how did the NYS Department of Labor handle your claim?

I feel you on this struggle. One thing that might help is checking if any of your gig work involved working for companies that have been reclassified in New York. Some delivery companies have had to reclassify drivers as employees rather than contractors due to recent labor law changes. Also, even if you don't qualify for regular UI, you might want to look into other programs - like SNAP or temporary assistance - while you're job hunting. The application process can be really frustrating, but don't give up. Document everything from your restaurant job since that seems like your best shot at establishing a claim.

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As someone who recently went through this process, I wanted to share what I learned. The key is really that restaurant job you mentioned - that's likely your ticket to benefits. When I applied, I had to provide my base period wages (usually the first 4 quarters of the last 5 completed quarters before you file). Make sure you have your W-2 or final pay stub from the restaurant ready. The NYS DOL will calculate your weekly benefit based on those covered wages, not your gig income. One heads up though - when you file your weekly claims, you'll need to report any gig work earnings, and they might reduce your benefit dollar-for-dollar depending on how much you make. But having some income is better than none! I'd recommend applying online through the NY.gov website rather than trying to call - the online system walks you through everything step by step.

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Great question! In New York, there's actually a small earnings threshold before they start reducing your benefits. You can earn up to 25% of your weekly benefit rate without any reduction. Anything above that gets deducted dollar-for-dollar from your benefits. So if your weekly benefit is $200, you could earn up to $50 from gig work without penalty. Earn $75 that week? They'd reduce your $200 benefit by $25 (the amount over the threshold), leaving you with $175 plus your $75 gig earnings. It's worth doing some light gig work to supplement, but definitely prioritize job searching for W-2 positions since you need to be actively seeking employment to maintain eligibility.

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In New York, there's actually a partial benefit formula rather than straight dollar-for-dollar reduction. You can earn up to 25% of your weekly benefit rate without any reduction. Anything above that gets deducted from your benefits. So if your weekly benefit is $200, you could earn up to $50 from gig work with no penalty. Earn $75 that week? They'd deduct $25 from your $200 benefit, leaving you with $175 plus the $75 you earned. It's worth doing some gig work if you can, just keep detailed records of all earnings since you'll need to report them accurately on your weekly certification.

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Can you get unemployment if you get fired for attendance - NYS Department of Labor eligibility question

Just got terminated last week from my warehouse job for missing too many days. I had some legitimate reasons - car broke down twice and had to deal with a family emergency - but my supervisor said I exceeded their attendance policy limit. Now I'm wondering if I can even file for unemployment benefits through NYS Department of Labor or if getting fired for attendance automatically disqualifies me? I've been working there for almost 2 years and never had any other performance issues. Has anyone been in this situation before?

ugh the whole system is so frustrating! I've been trying to get through to someone at NYS Department of Labor for weeks about my own attendance-related firing and their phone lines are always busy. Does anyone know a better way to actually talk to a real person there?

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@Ravi Choudhury Yes, Claimyr actually worked for me too! I was skeptical at first but after being on hold for literally hours multiple times, I figured it was worth trying. They connected me with a NYS Department of Labor representative within about 30 minutes and I was able to get my claim status updated. It s'not free but honestly the time saved was worth it for me. Just make sure you have all your documentation ready before the call.

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@Ravi Choudhury Yes, it actually worked for me! I was skeptical too but after being stuck in adjudication limbo for over a month, I was willing to try anything. The agent I connected with through Claimyr was able to see exactly what documents were missing from my file and walked me through uploading them properly. My benefits started flowing again within a week after that call. It s'not free but honestly worth every penny when you re'not getting your unemployment checks.

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Been there! Got canned for attendance at my retail job in 2023 and NYS Department of Labor approved my claim after about 3 weeks. The main thing is being honest about why you were fired and having some proof that your absences weren't just you being lazy or irresponsible.

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How much will my unemployment benefits be from NYS Department of Labor?

I just lost my job last week and I'm trying to figure out what will my unemployment be when I file my claim. I worked for about 18 months making $52,000 a year at a marketing company in Albany. Does anyone know how NYS Department of Labor calculates the weekly benefit amount? I've never filed for unemployment before and I'm really stressed about making ends meet while I look for another job. The my.ny.gov website has all these formulas but I can't make sense of them.

ugh the whole system is so confusing! I went through this last year and even after getting approved I still wasn't sure if I was getting the right amount. The NYS Department of Labor really needs to make their calculations clearer for regular people.

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Right?? I feel like I need an accounting degree just to understand what my benefits will be. This is stressful enough without having to decode government formulas.

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I went through a similar situation a few months ago - lost my job at a tech startup in Rochester making about $48k. The base period calculation that CaptainAwesome mentioned is spot on, but here's what really helped me: I gathered all my pay stubs from the relevant quarters before calling or using the online calculator. Having your exact quarterly earnings makes the whole process way clearer. Also, don't stress too much about the exact amount beforehand - once you file, they'll send you a monetary determination letter that breaks down exactly how they calculated your benefits. The important thing is to file as soon as possible since you can't get benefits for weeks before you apply. Good luck with the job search!

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Yes, quarters are exactly that - Jan-Mar (Q1), Apr-Jun (Q2), Jul-Sep (Q3), Oct-Dec (Q4). The monetary determination letter was actually pretty clear once I got it - it showed my earnings for each quarter in the base period and spelled out the calculation step by step. Way easier to understand than trying to figure it out beforehand! Just make sure when you're gathering pay stubs that you focus on the right time period based on when you'll be filing. @Khalid Howes can probably confirm this helped make the whole process less stressful.

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Yes, exactly - quarters are January-March (Q1), April-June (Q2), July-September (Q3), and October-December (Q4). The monetary determination letter was actually pretty clear once I got it - it shows your base period wages quarter by quarter and then the math they used. Much easier to understand than trying to figure it out beforehand! One tip: if you can't find all your pay stubs, you can also log into your my.ny.gov account and sometimes see your wage history there, or request wage transcripts from employers if needed.

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