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Just file the claim and let them sort it out. Better to apply and potentially get denied than not apply at all. You can always appeal if they make the wrong decision initially.
This happened to my coworker a few months ago and she got her benefits without any issues. The important thing is documenting everything - keep copies of your resignation letter with the date you submitted it and your intended last day, plus any emails or texts about them telling you to leave early. NYS Department of Labor will want to see that timeline clearly. Also, don't worry about mentioning your future job start date - you're entitled to benefits for the gap period between jobs as long as you're available to work during that time.
This is really helpful advice about documenting everything! I do have my resignation email saved with the original date I submitted it, and I screenshot the text message my manager sent telling me not to come back. Should I also try to get something in writing from HR about why they decided to end my employment early, or is what I have enough?
I went through something similar a few years ago. Your lawyer is definitely on the right track with the subpoena approach - that's really the only legitimate way to get unemployment records for a legal case. In my experience, family court judges take potential fraud seriously when it affects child support, so they're usually willing to order the records if your attorney can show reasonable cause. Also, keep detailed notes of any suspicious activity - like if he seems to have money for things he claims he can't afford, or if neighbors mention seeing him working somewhere. That kind of documentation can help support your attorney's request for the official records.
This is really helpful advice, thank you! I've been keeping a log of some inconsistencies - like him claiming he can't afford child support but then posting on social media about expensive purchases. I'll make sure to document everything more systematically. Did you find that the court moved quickly once your attorney filed for the records? I'm hoping this doesn't drag on for months while he potentially continues collecting benefits fraudulently.
You're absolutely right to be suspicious if there are inconsistencies between his claims of being broke and his actual spending. I work in family law and see this situation frequently. A few things that might help: First, ask your attorney about requesting not just unemployment records but also bank statements and tax returns through discovery - this can reveal unreported income. Second, if he's posting about purchases on social media, screenshot everything with timestamps. Third, consider hiring a private investigator if your budget allows - they're experienced at documenting work activity without crossing legal lines. The subpoena process for unemployment records usually takes 2-4 weeks once filed, but having additional evidence strengthens your case significantly. NY courts don't mess around with parents who try to avoid child support through fraud.
This is excellent advice! I hadn't thought about requesting bank statements and tax returns alongside the unemployment records - that's really smart. The private investigator idea is interesting too, though I'm not sure about the cost. Do you know roughly what PI services cost for this type of documentation? And when you mention NY courts being tough on child support fraud, have you seen cases where they actually pursued criminal charges or is it usually just civil penalties? I want to understand what my ex could be facing if we do find evidence of fraud.
One important thing to keep in mind is that your 8 years with the same company definitely works in your favor - you'll likely qualify for the maximum weekly benefit amount since that's based on your earnings history. Also, don't forget that you need to actively search for work and document your job search activities each week to continue receiving benefits. NYS Department of Labor requires at least 3 work search activities per week. Start organizing your job search strategy now so you're ready to hit the ground running when you file your claim.
That's really helpful about the maximum benefit amount! I didn't realize having 8 years of steady employment would help with that. Quick question about the work search requirements - do all 3 activities have to be actual job applications, or can some of them be things like networking events or career fairs? I want to make sure I'm documenting the right types of activities from day one.
Good question about the work search activities! From my experience with NYS DOL, the 3 weekly activities can include job applications, but also networking events, career fairs, informational interviews, and even online job search activities like updating your LinkedIn profile or attending virtual job workshops. The key is documenting everything with dates, company names, and contact info when possible. NYS DOL is pretty flexible about what counts as long as you're genuinely looking for work. I'd suggest mixing different types of activities - maybe 1-2 applications plus a networking activity each week to maximize your opportunities.
Important to note that the 26 weeks is the maximum - your actual benefit duration depends on your work history and earnings. NYS uses a formula based on your wages in the "base period" (usually the first 4 of the last 5 completed calendar quarters before you file). If you haven't worked enough or earned enough during that period, you might get fewer than 26 weeks. With your 8 years of steady employment though, you should qualify for the full 26 weeks. Also, make sure to file your weekly certifications on time every week - missing even one can delay or interrupt your benefits. The NYS Department of Labor website has a benefit calculator that can give you an estimate of both your weekly amount and duration before you file.
I was in almost the exact same situation last fall! My hours dropped from full-time to about 12-15 hours per week at my retail job. Filing for partial unemployment was honestly a lifesaver. The process is pretty straightforward - you apply just like you would for regular unemployment, but then each week when you certify, you report your actual earnings. The system automatically calculates how much benefit you get based on what you earned that week. One thing that surprised me was that I could still get some benefits even when I had a slightly better week with more hours. As long as your weekly earnings are below your maximum benefit amount, you'll get something. Just be patient with the initial application process - it took about 3 weeks for my first payment to come through, but once it was set up, the weekly claims were easy to do online.
This is exactly what I needed to hear! Thank you for sharing your experience. The 3-week wait for the first payment is good to know - I was wondering how long the initial setup takes. It's reassuring to know that even if I have a better week with a few more hours, I might still get some benefit. I'm definitely going to start the application process this week.
I'm currently going through this exact situation! My manufacturing job cut my hours from 40 to around 20 per week back in January. I was nervous about applying at first because I thought you had to be completely unemployed, but the partial unemployment benefit has been a huge help. One tip I wish someone had told me earlier - when you're reporting your weekly earnings, make sure you report your gross pay (before taxes), not your take-home pay. I made that mistake in my first few certifications and had to correct it later. Also, keep detailed records of your hours and pay stubs because NYS Department of Labor may ask for verification. The weekly certification process becomes routine once you get used to it - I just do mine every Sunday morning now. Don't let anyone make you feel bad about using this benefit - it's exactly what it's designed for when your employer reduces your hours through no fault of your own.
Aisha Khan
I went through this same situation a few months ago - also got denied for "misconduct" when I was actually laid off due to company restructuring. I ended up hiring a lawyer and it was worth every penny. The attorney knew exactly what evidence to request from my former employer and how to present my case. We won the appeal and I got all my back benefits. If you're worried about cost, many lawyers will work on contingency for unemployment cases or offer payment plans. Don't let your employer's false misconduct claim stand - fight it!
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Rami Samuels
•This is really helpful to know! I'm definitely leaning towards getting a lawyer now, especially hearing that you won and got your back benefits. Do you mind me asking roughly how much the legal fees were? And when you say "contingency" - does that mean they only get paid if you win the case?
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Paolo Marino
•Yes, contingency means they only get paid if you win! My lawyer charged 25% of the back benefits I received, which seemed fair since I wouldn't have gotten anything without their help. The total fee ended up being around $800 but I got over $3,000 in back unemployment payments, so it was definitely worth it. Some lawyers also do flat fees for unemployment appeals - I got quotes ranging from $500-1500. The key is finding someone who specializes in employment law and has experience with NYS Department of Labor hearings specifically.
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Axel Far
I'm in a similar situation and have been researching this myself. One thing I learned is that NYS has legal aid organizations that offer free or low-cost help with unemployment appeals if you qualify based on income. The Legal Aid Society and some local bar associations have programs specifically for unemployment cases. Also, if you do decide to represent yourself, make sure to request all the documents your employer submitted with their misconduct claim - you have a right to see their evidence before the hearing. The fact that your termination letter mentions budget cuts should work strongly in your favor. Document everything and don't be afraid to ask the hearing officer to clarify anything you don't understand during the process.
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Lucas Kowalski
•This is great advice about the legal aid organizations! I didn't know NYS had specific programs for unemployment appeals. @Axel Far do you happen to know how to find these local bar association programs? I ve'been searching online but having trouble locating the right resources. Also, when you mention requesting the employer s'documents - is there a formal process for that or do I just ask during the hearing? I want to make sure I m'following all the proper procedures.
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