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I'm trying to help my sister figure out the timing for filing her unemployment claim. She got laid off from her retail job yesterday but isn't sure if she should file right away or wait. I've heard different things about when you're supposed to file - some people say file immediately, others say wait until your last day of work. What's the actual rule for when someone can file for unemployment with NYS Department of Labor? Also does it matter if you got severance pay or if your employer is giving you a few weeks notice? Just want to make sure she doesn't mess up the timing and lose out on benefits.
I got injured at my warehouse job back in October and have been getting workers compensation payments since then. My doctor says I might be able to do light duty work soon but my employer doesn't have any positions available. I'm wondering if I can file for unemployment benefits through NYS Department of Labor while still getting workers comp? The workers comp isn't covering all my bills and I need something to bridge the gap. Has anyone been in this situation before?
THIS HAPPENED TO ME! I made the mistake of filing for unemployment while still getting workers comp and now I owe NYS Department of Labor over $2800 in overpayments. Don't do it! Wait until your workers comp case is completely closed.
I went through something similar a few years ago. The NYS Department of Labor is really strict about this - they consider workers comp and unemployment as two different types of income replacement that can't overlap. Even though it seems unfair when you're struggling financially, trying to collect both can create serious legal issues. One thing that helped me was speaking with a workers comp attorney about potentially negotiating a settlement to close out my case faster, which then allowed me to pursue unemployment benefits. Also, make sure to document everything your employer tells you about light duty positions not being available - you'll need that evidence when you do apply for UI benefits later.
I just accepted a part-time position that starts next week and I'm not sure how to properly notify the NYS Department of Labor. I've been receiving unemployment benefits for about 2 months now and don't want to mess anything up or get in trouble for not reporting correctly. Do I report this on my weekly claim certification or is there a separate form I need to fill out? The job is only 20 hours per week so I think I might still be eligible for partial benefits but I want to make sure I do everything by the book.
just started a new job last month and still getting partial benefits. make sure you keep track of your hours and wages because they might audit you later. also your job search requirements change once you start working - you don't have to do as many job contacts per week
Just went through this exact situation a few months ago! When you file your weekly certification, there's a specific question about whether you worked during that week. You'll need to report the exact number of hours worked and your gross earnings (before taxes). The system automatically calculates if you're eligible for partial benefits. At 20 hours per week, you'll likely still qualify for some benefits as long as your weekly earnings don't exceed your weekly benefit amount plus $50. Don't stress too much - the online system walks you through it step by step, and as long as you're honest about your hours and wages, you'll be fine. Good luck with the new job!
I just lost my main job at a restaurant where I was working full-time as a server, but I still have my weekend job at a retail store (about 12 hours per week). The retail job only pays like $180 a week which isn't nearly enough to cover my rent. Can I still file for unemployment benefits with NYS Department of Labor even though I'm technically still employed part-time? I'm really confused about how this works and don't want to mess up my claim by reporting it wrong.
Just make sure you report everything accurately because they will find out about your other job through wage records anyway. Better to be upfront than deal with an overpayment notice later.
I went through this exact same situation about 6 months ago when I lost my full-time office job but kept my part-time evening gig at a bookstore. The application process was actually pretty straightforward - you definitely need to report both jobs during the initial filing, including wages from both for the base period they ask about. They'll calculate your weekly benefit rate based on your total earnings history, then subtract your part-time wages each week when you certify. In my case, I was earning about $150/week from the bookstore and still qualified for a decent partial benefit. The main thing is to be completely honest about all income sources from day one. Good luck!
I got a letter from NYS Department of Labor saying they're investigating my claim for potential fraud. This is completely bogus - I reported everything correctly and have all my documentation. The letter doesn't give any timeline for how long this will take. My benefits are suspended while they investigate and I'm starting to panic about paying rent. Has anyone been through a fraud investigation before? How long did it take to get resolved?
Just went through this myself actually. Started in September and just got cleared last week, so about 8 weeks total. The worst part is they don't give you updates unless you keep calling. I probably called 20 times during those 8 weeks. Each time they just said 'still under review' until suddenly one day it was resolved and my back benefits were deposited.
I'm going through something similar right now - got the fraud investigation letter 3 weeks ago and haven't heard anything since. The anxiety is killing me because like you, I know I did everything right and have all my paperwork. From what I'm reading here it sounds like the timeline really varies but most people seem to get cleared if they have proper documentation. Have you tried submitting any additional proof proactively, or are you just waiting for them to ask for specific documents?
Ev Luca
just file asap dont overthink it. the system is confusing enough without worrying about perfect timing
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Harmony Love
One thing to add - if your sister is getting any kind of notice period where she's still technically employed but not working (like being told she'll be laid off in 2 weeks), she should wait until her actual last day of employment to file. NYS DOL considers you unemployed starting from when your employment officially ends, not when you receive notice. But if she was already laid off yesterday and her employment ended yesterday, then yes - file today! The online system at ny.gov is definitely the way to go, much better than trying to get through on the phone.
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