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I'm a per diem pharmacy tech and went through this EXACT same situation! After going back and forth with anxiety for weeks, I finally got clarification from an unemployment specialist (took forever to get through). Here's what they told me: if shifts are just posted on a general board/app for anyone to grab, that's NOT considered "refusing work" even if you see them and choose not to take them. "Refusing work" only applies when someone specifically contacts YOU with a shift offer and you decline it. I've been answering NO to refusing work when I just don't claim open shifts, and my benefits have been fine for 4 months now. The key is documentation - I screenshot available shifts vs any direct communications, just in case. Hope this helps ease your mind!
This is so reassuring to hear from someone who actually got through to a specialist! I'm also per diem (lab tech) and have been losing sleep over this every week. The fact that you got official confirmation about the difference between portal shifts vs direct offers makes me feel so much better about how I've been answering. I've been doing the same thing - NO to refusing work when it's just open shifts I don't pick up from our scheduling system. Your tip about screenshotting everything is really smart too, I'm definitely going to start doing that. It's crazy that we all have to stress about this when per diem work is so common in healthcare. Thanks for sharing what the specialist told you - that's the clearest guidance I've seen anywhere!
I'm also per diem (respiratory therapist) and this conversation has been such a relief! I was literally having nightmares about accidentally committing unemployment fraud because the questions are so confusing for our work situation. After reading all the expert advice here, especially from @Sofia Ramirez and @Zainab Omar, I finally understand the key distinction - if shifts are just posted on a portal/board for anyone to claim, that's NOT the same as being specifically offered work that you refuse. I've been answering the same way (NO to refusing work when I just don't pick up shifts from our staffing app) and it's good to know so many other per diem healthcare workers are in the same boat. The documentation tip is great too - I'm going to start keeping records of what shifts were available vs any direct communications. It's honestly ridiculous that NY unemployment doesn't have clearer guidance for per diem workers when we make up such a huge part of the healthcare workforce. This thread should be required reading for anyone doing per diem work!
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also make sure you file your claim as soon as possible after losing your job! there's no waiting period in NY but you can't get benefits for weeks before you actually file your claim. i made that mistake and lost out on like 2 weeks of benefits because i waited too long thinking about whether i qualified
Based on what you've described, you should definitely qualify! Being laid off due to the business closing absolutely meets the "no fault of your own" requirement. With 8 months at your restaurant job plus 6 months at retail before that, you likely have enough work history. The key things to check: 1) Make sure both employers reported your wages to NYS (you can verify this on my.ny.gov like someone mentioned), 2) Calculate if you earned at least $2,600 in your highest earning quarter, and 3) File ASAP since you can't get benefits for weeks before you actually apply. Don't overthink it - even if you're unsure about meeting all requirements, it's better to apply and let them determine your eligibility than to miss out on benefits you're entitled to.
This is really helpful advice! I'm in a similar situation and was worried about the wage calculation part. Quick question - when you say "highest earning quarter," does that mean the 3-month period where I made the most money total, or is it based on some specific calendar quarters that NYS uses? I want to make sure I'm calculating this right before I file.
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This is so frustrating!! Why can't they just have clear rules about this stuff? Like if you worked for almost 30 years you should be able to get something to help with the gap. The system is broken.
I understand the frustration, but the rules exist to prevent people from using UI as a bridge to retirement rather than genuine unemployment assistance. The program is designed for people who lose their jobs involuntarily and are actively seeking new employment.
I'm in a similar situation and did some research on this. From what I've learned, you might have better luck if you can frame it as being available for work rather than retirement. The NYS Department of Labor looks at whether you're genuinely seeking employment. If you file and emphasize that you're looking for work (even part-time) during this transition period, and you meet the work search requirements, you might have a shot. Just don't mention "retirement" in your application - focus on being between jobs and actively seeking employment. Document your job search efforts thoroughly in case they ask for proof.
This is really helpful advice about framing it as job searching rather than retirement! @Oscar Murphy you might want to consider this approach. I ve'heard from others that how you present your situation in the initial application can make a big difference. Maybe start applying for some positions before you actually retire so you have documentation of your job search efforts ready to go. Also, have you looked into whether your county offers any bridge programs or temporary work opportunities for early retirees? Sometimes local government has options that aren t'widely publicized.
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This thread has been absolutely amazing - exactly what I needed to see as someone who's been remote for a Miami company while living in Long Island for the past 2 years. Just got word that layoffs are hitting our department next week, so this is unfortunately very timely for me. The consistent advice throughout this thread gives me so much confidence: use your NY home address for work location, employer's actual address for company info, and be super clear about remote work in any comment sections. I'm especially grateful for all the realistic timeline expectations - knowing that 2-4 weeks for wage verification is normal with out-of-state employers really helps manage expectations. The success stories from folks like @efb8d09770ab getting approved quickly are encouraging! Already planning to reach out to our HR tomorrow to confirm they've been properly paying NY unemployment taxes. This community is incredible - the real-world experiences shared here are worth more than hours of trying to decode the confusing official guidance. Definitely bookmarking this whole thread as my reference guide. Fingers crossed I can follow everyone's advice and have a smooth process if I end up needing to file!
So sorry to hear about the layoffs hitting your department - that's such a stressful situation! But you're definitely in the right place for guidance. This thread has become like the unofficial bible for remote workers dealing with NY unemployment claims. The fact that you've got advance notice gives you a huge advantage to get all your documentation in order and confirm the NY tax situation with HR before you even need to file. That's way better than scrambling after the fact like some of us had to do! Following all the advice here should definitely set you up for success. Wishing you the best of luck with everything, and hopefully your claim process goes as smoothly as @efb8d09770ab's did!
This has been such an incredibly helpful thread! I'm also a remote worker (for a company based in Atlanta while living in Syracuse) and while I'm not facing layoffs right now, this whole conversation has been so educational about what to expect if that situation ever arises. The consistent advice from everyone who's actually been through this process is invaluable - using your NY home address for work location, employer's actual address for company info, and being crystal clear about remote work arrangements in comment fields. I'm particularly impressed by how many people have shared their real timelines and experiences, from @efb8d09770ab's quick 10-day approval to others dealing with the more typical 2-4 week wage verification process. The tip about proactively checking with HR about NY unemployment tax payments is brilliant - I'm going to reach out to our HR team just to confirm everything is set up correctly, even though I hopefully won't need it. This community is amazing for providing practical, real-world guidance that you simply can't find on official sites. Definitely saving this entire thread as my reference guide - thank you all for sharing your experiences so generously!
This thread really has become the go-to resource for remote workers navigating NY unemployment! As someone who's been following along, I'm amazed at how consistent and helpful everyone's advice has been. The fact that you're being proactive about checking with HR on the NY unemployment tax situation even before needing it shows great planning - that's exactly the kind of preparation that can save so much hassle down the road. It's really smart to get all that documentation sorted while you're still employed rather than trying to figure it out during the stress of actually filing a claim. The success stories and realistic timelines shared here give such a clear picture of what to expect, which is so much better than going in blind with just the confusing official guidance!
Zoe Walker
If you accidentally don't report income, contact the NYS Department of Labor immediately to correct it. Small oversights can usually be fixed without penalties if you're proactive about it. The key is being honest and transparent with all your reporting. Also remember you have appeal rights if any decisions don't seem correct.
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Louisa Ramirez
@Ryan Kim - One more thing that might help ease your stress: you can actually start your claim online immediately at labor.ny.gov, don't wait! The sooner you file, the sooner your benefit year starts. Also, keep every document related to your job loss (termination letter, final paystub, etc.) because you might need them during the process. The first few weeks can feel overwhelming but once you get into the routine of weekly certification it becomes much easier. You've got this!
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Ezra Bates
•This is really helpful advice! I'm in a similar situation and was wondering - when you file that initial claim online, do you need to have all your employment history ready or can you add details later? I'm worried about making mistakes on the application that could delay everything.
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