New York Unemployment

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I went through something similar last year. The key thing to remember is that NYS DOL considers several factors when determining if work is "suitable" - wage level compared to your previous job, commute time/distance, and whether it matches your skills and experience. A 4-hour daily commute plus $2/hour pay cut would likely be considered unreasonable by most standards. When you file your weekly claim, there should be a question about whether you refused any work - answer honestly and provide clear details about why (excessive commute time, significant pay reduction). Keep copies of the job offer details and your refusal reason. If they do flag it for review, you'll have a chance to explain during the adjudication process. Don't panic - they're looking for people who refuse reasonable offers, not situations like yours where the job creates genuine hardship.

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This is really helpful, thank you! I feel much better knowing that my situation would likely be considered reasonable grounds for refusal. The excessive commute alone seems like it would be a valid reason. Do you happen to know roughly how long the adjudication process takes if they do flag it for review? I'm worried about having my benefits delayed while they investigate.

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Based on my experience, adjudication typically takes 2-4 weeks, though it can be longer if they're backed up. The good news is that if they determine your refusal was justified (which it sounds like it would be), you'll get back-paid for any weeks you missed during the review. I'd recommend calling them proactively if you haven't filed yet to get guidance upfront - sometimes they can note your situation in advance which might prevent delays. Also keep documentation of the job offer details and your calculations showing the financial impact of that commute (gas, wear and tear, time costs).

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I'm in a very similar situation right now - got offered a job that's 90 minutes each way and pays $3 less than what I was making. The stress of potentially losing benefits is real, but from what I'm reading here it sounds like your case has legitimate grounds for refusal. The 4-hour daily commute would eat up so much time and gas money that you'd probably be making less than minimum wage when you factor in travel costs. I've been documenting everything - the job posting, my previous salary, commute calculations, etc. just in case. It's frustrating that we even have to worry about this when the job offers are clearly unreasonable, but at least NYS DOL seems to have some protection for situations like ours where the work truly isn't suitable.

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You're absolutely right about documenting everything - that's smart thinking! I'm in almost the exact same boat and it's such a relief to hear from others dealing with this. The travel cost calculation is something I hadn't fully considered but you make a great point. Between gas, tolls, and vehicle wear and tear, plus losing 4 hours of my day that I could be using for job searching, it really doesn't make financial sense. It's crazy that we have to stress about losing benefits when these employers are offering what are essentially below-minimum-wage positions once you factor in all the hidden costs. Thanks for sharing your approach to documentation - I'm going to make sure I have all those same details saved before I make my decision.

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wait so if the pay is lower you can refuse? I thought once you're on unemployment you have to take whatever is offered or lose benefits

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Not exactly - there are protections in place. You can't be forced to take a job that pays significantly less than your previous work, especially early in your claim period. The key is what constitutes 'significantly less' and that can vary by situation.

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I went through something very similar a few months ago. NYS Department of Labor considers several factors for "suitable work" including the wage compared to your previous job, travel distance, and whether you have the skills/experience for the position. A 45-minute commute each way plus $3/hour less pay would likely be valid reasons to decline, especially if you're still early in your benefit period. When I declined a similar offer, I made sure to document everything - the job details, why it wasn't suitable, and continued my active job search. I didn't face any penalties. The key is being able to justify your decision if they ask during your certification calls.

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This is really reassuring to hear from someone who actually went through it! Did you have to provide any formal documentation to NYS Department of Labor about why you declined, or was it enough to just explain verbally during your certification? I'm worried about having everything properly documented in case they question my decision later.

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The general rule is file the day after your last day of work or as soon as you know you'll be unemployed. For layoffs with advance notice, you can sometimes file before your last day if you have a specific end date. But in most cases like yours where you're already separated, file immediately. The my.ny.gov system will walk you through everything step by step.

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I went through this exact same confusion when I lost my job last year! The key thing to remember is that your benefit year starts from when you file, not when you became unemployed. Since you're already 5 days past your last work day, definitely file today - don't wait any longer. I made the mistake of overthinking it and lost a whole week of potential benefits. The online system at my.ny.gov is actually pretty straightforward once you get started. Just have your Social Security number, driver's license, and employment history ready. The sooner you file, the sooner your waiting week starts counting down. Good luck!

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Thanks for sharing your experience! I'm definitely going to file today - you're right about not overthinking it. Quick question though - when you say the waiting week starts counting down, does that mean I'll still have to wait a full week from when I file before getting any payments? Or since I've already been unemployed for 5 days, would that count toward the waiting period?

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Congrats on getting your EB approved! This is such a helpful thread for anyone going through this transition. I'm currently on week 22 of my regular benefits and was already stressing about what happens next. Reading everyone's experiences here really puts my mind at ease. The key takeaway seems crystal clear: never stop certifying weekly, even if you see $0 payments temporarily. It's reassuring to know the system does work, even if it takes a couple weeks to process. Thanks for sharing your update - it gives hope to those of us approaching the 26-week mark!

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So glad this thread was helpful for you! I was honestly terrified when I hit 26 weeks, but the community here really came through with solid advice. The $0 payments thing would have definitely freaked me out if Keisha hadn't warned about it. Just keep doing what you're doing with your weekly certifications and you should be fine when you get there. The waiting is nerve-wracking but it really does work out if you stay consistent. Good luck!

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This thread is incredibly valuable! I'm currently on week 15 of my regular benefits but already bookmarking this for future reference. The consensus is so clear - keep certifying no matter what. I had no idea about the $0 payment thing during the transition period, that would have definitely sent me into panic mode. Really appreciate everyone sharing their real experiences, especially the success stories. It's so much better than trying to decipher the confusing official website. Question for those who went through this - did your EB weekly amount stay the same as your regular UI amount, or did it change at all?

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Great question about the EB amount! In my experience, the EB weekly benefit amount was exactly the same as my regular UI amount - no change at all. The calculation is based on the same weekly benefit rate you were already receiving. So if you were getting $300/week during regular UI, you'll continue getting $300/week during EB (assuming you remain eligible). The only difference is that EB typically provides up to 13 additional weeks of benefits beyond your original 26 weeks, but at the same rate. Hope that helps ease your mind as you plan ahead!

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I just went through this process about 6 weeks ago and wanted to share what helped me the most. Beyond all the great advice already given about documents and timelines, I'd recommend doing a practice run of your story out loud beforehand - not just thinking through it, but actually speaking it. I recorded myself on my phone explaining what happened and listened back to catch places where I rambled or got confused. During the actual hearing, I felt much more confident because I'd already "said it" several times. Also, don't be afraid to take a moment to think before answering - the judge won't rush you. When my employer made some claims that weren't accurate, I took a breath and calmly explained my version rather than getting flustered. The decision came back in my favor about 10 days later. You're going to do great - the fact that you're preparing and asking questions shows you're taking it seriously, which is exactly the right approach.

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That's such a smart idea about recording yourself! I never would have thought of that but it makes perfect sense - when you're nervous it's easy to forget what you wanted to say or get tongue-tied. I'm definitely going to try that this weekend before my hearing next week. It's also reassuring to hear that the judge won't rush you and that you can take time to think. I was worried about awkward silences but sounds like that's normal. Thanks for sharing that your decision was in your favor - gives me hope that if I'm honest and prepared, things will work out okay.

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I went through this same process about 4 months ago when my employer contested my claim, and I know exactly how you're feeling right now. The anxiety beforehand was honestly worse than the actual hearing itself. Here's what I wish someone had told me: the administrative law judge is there to get to the truth, not to intimidate you. They'll start by explaining the process and swearing everyone in. Then they'll usually ask you to give your version of what happened first, followed by your employer. The judge will ask clarifying questions throughout - things like "When did this conversation happen?" or "Do you have any documentation of that?" Don't worry if you don't have perfect documentation for everything - just be honest about what you do and don't have. One thing that caught me off guard was that my employer's representative seemed very prepared with dates and details, but the judge asked them just as many tough questions as they asked me. The whole thing lasted about 40 minutes, and I got the written decision about 2 weeks later (in my favor). You've got this - just breathe, tell the truth, and remember that you have every right to those benefits if you were legitimately separated from your job through no fault of your own.

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Thank you so much for sharing your experience! It's really reassuring to hear that the judge asks tough questions to both sides - I was worried that employers would automatically have more credibility since they're usually represented by HR or someone who deals with these things regularly. The part about the anxiety being worse than the actual hearing makes me feel better too. I've been losing sleep over this for the past week! It sounds like the judges really do try to get to the facts rather than just siding with whoever sounds more professional. Your point about being honest about what documentation you do and don't have is helpful - I have some emails and my termination letter but not everything, and I was worried that would hurt my case. Hearing that you won gives me hope that preparation and honesty really do matter more than having perfect paperwork.

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