New York Unemployment

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Wait I'm confused about something similar - if I'm working 35 hours a week but making way less than my old job, do I still qualify for anything? I thought unemployment was only if you're completely out of work.

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At 35 hours you're probably considered employed rather than underemployed for benefit purposes. NYS Department of Labor typically considers 30+ hours as full-time employment, which would disqualify you from unemployment benefits.

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I went through this exact same situation when I was laid off from my administrative job and picked up part-time hours at a grocery store. The NYS Department of Labor considers you partially unemployed, not fully unemployed, but you still qualify for benefits. The important thing is to report every penny you earn during your weekly certification - they'll automatically calculate how much your benefit gets reduced based on your part-time wages. I found it helpful to keep a simple log of my hours and earnings each week to make sure I was reporting accurately. Also, don't forget you can earn up to a certain amount (I think it's around $143 per week) without any reduction to your benefits at all.

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I went through this same confusion earlier this year! In addition to what others mentioned, you can also try logging into your NY.gov account and looking under "My Online Services" - sometimes the determination letters show up there first before being mailed. Also, if you're able to certify for weekly benefits and haven't been blocked from the system, that's usually a positive sign. The 2-week timeframe is still pretty normal for processing, especially if they need to verify employment with your previous employer. Keep doing those weekly certifications even if you haven't gotten a clear answer yet - you don't want to miss any potential back pay if you do get approved!

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Thanks for mentioning the NY.gov account - I never thought to check there! I've just been looking at the regular unemployment portal. That's a good point about continuing the weekly certifications too, I was worried I might be doing something wrong by filing them without knowing my status for sure.

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Another thing to check - if you can see a "Weekly Benefit Amount" listed anywhere in your account (even if it says $0), that usually means your claim went through initial processing. Also, make sure you didn't miss any requests for additional documentation. Sometimes they'll send a message asking for pay stubs or separation paperwork and if you don't respond within 10 days, it can hold up your claim indefinitely. The fact that you can still file weekly claims is definitely encouraging though - when claims are outright rejected, they typically block you from filing at all.

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That's really helpful about the Weekly Benefit Amount - I'll look for that! I haven't seen any requests for additional documentation yet, but now I'm worried I might have missed something. Where exactly would those requests show up? Would it be in the same correspondence section that was mentioned earlier, or somewhere else in the account? I want to make sure I'm checking all the right places so I don't accidentally miss anything important.

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I went through this exact situation last year after leaving a toxic workplace. Yes, your employer gets notified automatically - there's no way around it. The notice they receive includes basic info like your claim date and employment period, but not detailed reasons why you're claiming benefits. However, if they contest it (which they might if you quit), then the specifics come out during the hearing process. I'd recommend documenting everything you can about the hostile work environment before filing - save emails, texts, write down incidents with dates, get witness contact info if possible. The good news is that if you truly have good cause, NYS does recognize hostile work environment as valid grounds for quitting. Just be prepared for a potentially lengthy appeals process if your employer fights it.

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Thank you for sharing your experience Carmen - this is really helpful to know what to expect. How long did your appeals process take overall? And did you end up having to do a phone hearing or was it handled through written documentation? I'm trying to figure out if it's worth the stress of going through all this or if I should just look for another job first.

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Maya Diaz

@Norah Quay My appeals process took about 2.5 months total. I had to do a phone hearing where both me and my former employer presented our cases to an administrative law judge. It was nerve-wracking but I m'glad I went through with it - I had documented several incidents of harassment and verbal abuse, plus a witness who was willing to testify. The judge ruled in my favor. My advice would be to start looking for work while you file the claim - you have to be actively job searching anyway to maintain eligibility. Don t'let a toxic employer intimidate you out of benefits you re'entitled to, especially if you have good documentation of the hostile environment.

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Just wanted to add that if you're worried about your employer finding out, you should know that they'll receive the notification regardless of whether you were fired or quit. However, the initial notice doesn't include your personal reasons for filing - it's mainly for wage verification. The detailed circumstances only come up if they decide to contest your claim. I'd suggest filing sooner rather than later since there are time limits, and you can always appeal if they contest it. Also, keep in mind that even if the relationship ended badly, many employers don't bother contesting claims unless there was serious misconduct involved, since it takes time and resources on their end too.

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That's a good point about many employers not bothering to contest unless there's serious misconduct. I'm dealing with a similar situation where I'm worried about filing because my former manager was vindictive, but you're right that it might not be worth their time to fight it. The time limits are definitely something to keep in mind too - I think you only have a certain window to file after your last day of work. Does anyone know exactly how long you have to file your initial claim in NY?

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This is happening way too often and it's completely unacceptable! I just went through this exact same situation yesterday - waited for an hour and twenty minutes for absolutely nobody to show up. I was starting to panic thinking my benefits might get cut off for "missing" a meeting that I definitely didn't miss! Thank goodness for this thread because everyone's advice has been a total lifesaver! I immediately took screenshots of everything (the meeting room showing I was there, my confirmation email, timestamps) and called that Virtual Meeting Support line at 518-457-2299 that so many people mentioned. They were able to confirm that their agent never even logged into the system and marked it as "agency error" in my file right away - such a relief! I also filed a complaint on the DOL website under "Technical Issues" instead of trying to reschedule normally, just like everyone suggested. Got a response within 48 hours and was rescheduled without any penalties or issues with my benefits. It's honestly disgraceful that we have to become unemployment system experts just to protect ourselves from their technical failures when we're already stressed about our financial situation. But I'm so grateful for this community sharing actual solutions that work! The documentation and using these specific channels is absolutely crucial. Don't let them try to blame you for their broken system! 💪

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This exact same thing just happened to me this morning! Waited for an hour and a half and nobody showed up. I was getting so anxious thinking I'd somehow messed up or that they'd mark me as a no-show. Reading through everyone's experiences here has been such a relief - at least I know I'm not alone and there are actual steps I can take. About to call that Virtual Meeting Support line at 518-457-2299 and file under "Technical Issues" like everyone's suggesting. Already took screenshots of everything. It's honestly crazy that we have to become experts at protecting ourselves from their own system failures, but thank you all for sharing what actually works! This community has been a lifesaver 🙏

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This NEVER works for me! The system just ignores what I say and goes back to the same stupid menu no matter what I try!! 🤬

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I feel your pain! I was stuck in the same nightmare loop for weeks. What finally worked for me was a combination of tips from this thread - I called at exactly 7:58am on a Thursday using Javier's updated sequence (1-888-209-8124, then 1 for claimant services, 3 for payment issues, 9 for rep). The key was having EVERYTHING ready beforehand like Oliver mentioned - claim ID, SSN, work history dates, and all determination letter numbers written down. Even then I waited 1.5 hours on hold but finally got through to someone who could actually help. Don't give up - it really does work if you hit the right timing and have all your paperwork ready!

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This is really encouraging to hear! I'm going to try your exact approach tomorrow morning. Quick question - when you say "all determination letter numbers" do you mean just the most recent one or every single determination they've ever sent? I have like 4 different letters from various stages of my claim and I'm not sure which ones they actually need. Also, did you have to explain your whole situation from scratch or did the rep already have your case info pulled up? Thanks for sharing what worked - gives me hope after all these failed attempts!

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