


Ask the community...
I went through something similar last year. In NY, employers can contest for misconduct, but they need to prove it was willful and work-related. A single verbal warning from months ago probably isn't enough to establish a pattern of misconduct, especially if there's no documentation. Keep records of everything - your layoff notice, any emails mentioning budget cuts, etc. During the fact-finding interview, be honest and stick to the facts. If they really did lay you off due to budget issues, that should come out in the investigation. Don't panic yet - many employer contests fail when they can't provide proper documentation.
This is really helpful, thank you! I do have the email from HR about the layoffs being due to budget constraints, so that should help my case. It's reassuring to know that one old verbal warning probably won't be enough for them to prove misconduct. I'm trying to stay positive but this whole situation has me so anxious about my finances.
I'm going through this exact situation right now too! My employer is claiming I was terminated for poor performance when I was actually laid off due to downsizing. From what I've learned, NY requires employers to prove misconduct was "deliberate and willful" - not just poor performance or isolated incidents. The fact that you have documentation about budget cuts is huge in your favor. I'd also recommend requesting your personnel file from your former employer if you haven't already - sometimes they can't produce the documentation they claim to have. The waiting is absolutely nerve-wracking but try to stay focused on gathering any evidence that supports the real reason you were let go.
Thanks for sharing your experience! It's oddly comforting to know I'm not alone in dealing with this mess. I never thought to request my personnel file - that's a great idea. Do you know how long employers have to respond to that request in NY? I'm hoping they won't be able to produce any real evidence of misconduct since there really wasn't any. The whole thing just feels so unfair when you're already stressed about losing your job and then have to fight for benefits you should be entitled to.
I went through this same confusion when I first started collecting! The 3 work search activities per week requirement is correct, but I'd also recommend calling your local One-Stop Career Center if you have questions about what counts. They're usually more helpful than trying to get through to the main NYS DOL phone lines. Also, don't forget that things like updating your resume, attending workshops (even virtual ones), or networking on LinkedIn can count as valid activities too. The key is just documenting everything properly with dates and details in case they ask for your records later.
That's really good to know about the One-Stop Career Centers! I didn't realize they could help clarify the work search requirements. I've been stressing about whether I'm doing enough, but it sounds like between job applications, updating my LinkedIn profile, and attending some online workshops, I should be meeting the 3 activities per week. The documentation part seems super important from what everyone is saying - I'm going to start being much more detailed in my tracking just to be safe.
I've been collecting unemployment in NY for about 6 months now and can confirm it's 3 work search activities per week. What really helped me was setting up a routine - I dedicate Monday, Wednesday, and Friday to my job search activities. Sometimes I'll do more than 3 if I find good opportunities, but the minimum is definitely 3. One thing I wish someone had told me earlier is that you can also count things like reaching out to professional contacts, attending virtual career fairs, or even taking online courses related to your field. The NYS DOL is pretty flexible about what counts as long as it's a genuine effort to find work and you document it properly. I use a simple Excel sheet to track everything - date, activity type, company/organization, and any follow-up actions. Haven't had any issues with my benefits so far!
Just wanted to add my experience - I did exactly this when I went on vacation for a week. Filed my weekly claim but answered "no" to being available for work, got $0 for that week, and then everything went back to normal the following week when I was available again. NYS Department of Labor's system handled it smoothly and I didn't have any issues with my subsequent claims. The key is definitely being honest about your availability rather than trying to skip filing altogether. Have an amazing wedding and honeymoon! 💒
One more thing to consider - make sure you don't accidentally miss filing your claim during your honeymoon! NYS Department of Labor requires you to file within a specific window each week. You can file online from anywhere as long as you have internet access, so you might want to set a reminder on your phone to file even while you're away. Missing the filing deadline entirely is different from filing but reporting unavailability, and could potentially cause more complications with your claim.
That's such an important point about the filing deadline! I hadn't thought about potentially missing the window while I'm away. Do you know what the specific timeframe is for filing each week? I want to make sure I plan ahead and maybe file early if possible, or at least know exactly when I need to do it during the trip.
@Max Reyes is absolutely right about the filing deadline! In New York, you typically have to file your weekly claim by 7:30 PM on Sunday for the previous week. So if you re'traveling Sunday through Thursday, you might want to file early on Saturday or make sure you have internet access Sunday evening. The NYS Department of Labor website should let you file from anywhere with internet. I learned this the hard way when I almost missed a deadline during a family trip last year!
I'm really sorry you're dealing with this - the NY unemployment system is so confusing and poorly explained! You're absolutely right that you can't file a new claim until your benefit year ends in September. I went through this exact same situation about a year ago and it was one of the most stressful periods of my life. Here's what I learned that might help you: 1) Apply for SNAP benefits immediately - the process was way faster than I expected and it made a huge difference with grocery costs. 2) Contact 211 for local emergency assistance programs - many have rent assistance funds available. 3) Look into temporary work through staffing agencies, especially ones that focus on accounting/finance since that's your background. 4) Check out the 599 training program if you're interested in learning new skills while getting benefits. 5) Don't give up on job applications - I applied to over 400 positions before landing something, but persistence paid off. The gap between benefit exhaustion and benefit year ending is brutal, but there are resources to help bridge it. You've made it through tough times before and you'll make it through this too. Keep us posted on how things go!
This is such comprehensive advice, thank you! I'm feeling a bit overwhelmed by everything but breaking it down into these specific steps really helps. I had no idea about 211 or that there were staffing agencies focused specifically on accounting - that makes so much more sense than just applying to general temp agencies. The 400+ applications stat is both encouraging and daunting, but at least I know I'm not being unreasonable in my expectations. I'm going to start with the SNAP application today and then work through your other suggestions. Really appreciate you taking the time to share all of this - it means a lot to know other people have gotten through this exact situation!
I'm in almost the exact same situation and just wanted to let you know you're not alone in this struggle! My benefits also ended after 26 weeks but my benefit year doesn't end until October. It's such a cruel system design - like they want to make people suffer during that gap period. I've been researching every possible option and here's what I've found that might help: definitely apply for SNAP benefits ASAP (the application is actually pretty straightforward), look into local emergency rental assistance through your county's social services, and consider the 599 training program if you're willing to learn new skills. I also started doing some freelance bookkeeping through online platforms which has helped bring in a little money while I continue job searching. The uncertainty is terrifying but we just have to take it one day at a time. Hang in there - we'll both get through this!
Thank you so much for sharing this - it really does help to know I'm not the only one going through this exact situation right now! The timing of your benefit year ending in October vs mine in September shows just how many people are stuck in this awful gap period. I really appreciate you mentioning the online freelance bookkeeping platforms - that's something I can start working on immediately while waiting for regular job applications to pan out. It's reassuring to hear from someone who's actively navigating the same challenges. We definitely need to support each other through this - the whole system feels designed to make us feel isolated and hopeless. Thanks for the encouragement and practical suggestions!
Yara Haddad
@Mia Rodriguez - Based on what you've described with working 25-30 hours at $15/hour, you should definitely have enough credit weeks! Those earnings would put you well over the $143 minimum threshold. The key thing is making sure those wages were reported correctly by your employers to NYS. If you're still unsure about your exact count, you might also try visiting a local Department of Labor career center - sometimes the in-person staff can pull up more detailed information than what's available online. They're usually less busy than the phone lines too.
0 coins
Ava Thompson
•That's really helpful advice about the career centers! I didn't know they could access more detailed info than the online portal. I'll definitely try visiting one in person since calling seems impossible. Thanks for the tip about the in-person staff being less busy too - that gives me hope I can actually get some answers.
0 coins
Elijah Knight
Just want to add that if you're still working part-time while applying for unemployment, those current earnings could affect your weekly benefit amount but shouldn't impact your credit weeks eligibility since that's based on your past work history. Make sure to report any part-time work when you certify each week though! Also, if you worked for multiple employers during your base period, all of those jobs contribute to your total credit weeks as long as each week you earned over the minimum threshold from any combination of those jobs.
0 coins