


Ask the community...
Just be completely honest when you file. Include both the restructuring reason from your termination letter AND mention the performance warning. Let NYS Department of Labor sort it out during adjudication if your employer contests it. The worst thing you can do is leave out important details that they'll discover anyway.
I had a very similar situation a few months ago - got laid off during "restructuring" but had received some performance feedback earlier. Here's what I learned: NYS Department of Labor cares more about the immediate cause of separation than past performance issues. If your termination letter says position eliminated due to restructuring, that's usually considered involuntary separation through no fault of your own. The performance warning from a month ago probably won't disqualify you unless it was for serious misconduct. When you file, mention both - the restructuring reason and the prior warning - but emphasize that the official reason was budget cuts/restructuring. This shows you're being transparent while making it clear the separation wasn't performance-based. Most importantly, file as soon as possible since there's a waiting period anyway.
This is really helpful advice, thank you! I'm feeling more confident about being upfront with both pieces of information. One question though - when you say "file as soon as possible," do you mean I should apply online right away or should I try to speak with someone first to make sure I'm answering the questions correctly? I've heard the NYS Department of Labor phone lines are really hard to get through on.
I want to add one more important point that hasn't been mentioned yet - make sure you understand the difference between gross and net earnings when reporting to NYS Department of Labor. You need to report your gross earnings (what you made before expenses), not what you actually took home after gas, wear and tear on your car, etc. So if you made $100 doing DoorDash deliveries but spent $20 on gas, you still report the full $100 on your weekly certification. The expenses can only be deducted later when you file your taxes, not when you're calculating your weekly UI benefit reduction. I made this mistake early on and had to call to clarify with an agent. It's a common misconception that trips people up!
Wow, thank you for clarifying that! I definitely would have made the same mistake and reported my net earnings instead of gross. That's such an important distinction that could really mess up someone's claim if they get it wrong. I'm going to make a note of this - report the full amount I earn from gig work before any expenses, then handle the expense deductions separately at tax time. Really appreciate everyone sharing their experiences here, it's making me feel much more confident about doing this the right way!
Another thing to consider is keeping documentation of your job search activities separate from your gig work schedule. I recommend using a calendar or planner to block out specific times for job applications, interviews, and networking - this way if NYS Department of Labor ever questions your availability for full-time work, you can show that you're actively dedicating substantial time to finding permanent employment. I typically spend mornings on job search activities and save gig work for afternoons/evenings. Also, when you do land interviews, make sure you're available and not committed to gig work during those times. It shows you're prioritizing your job search over the temporary gig income, which is exactly what unemployment benefits are designed to support.
This is such great advice about documenting your job search separately! I'm new to this whole situation and honestly feeling a bit overwhelmed trying to balance everything. The idea of using a calendar to block out dedicated job search time versus gig work time is really smart - it would definitely help me stay organized and show I'm serious about finding permanent work. I'm wondering though, do you think it matters what type of jobs I'm applying for in relation to the gig work I'm doing? Like if I'm applying for office jobs but doing food delivery, would that look inconsistent to NYS Department of Labor? I want to make sure I'm approaching this the right way from the start.
I'm going through this exact same situation right now! Been trying since early morning and keep getting the "system unavailable" message. It's really reassuring to see I'm not the only one and that there are solutions. Based on everyone's advice, I'm going to try again this afternoon using incognito mode and maybe the mobile app if the website still doesn't work. Thanks for posting this question - the responses have been super helpful! It's good to know we have until Saturday to file, that definitely takes the pressure off.
Same here Sofia! I've been dealing with this for weeks now and what I've found is that the system really does work much better after 2-3pm. The morning rush seems to overload their servers. Also wanted to add that if you're using Chrome, sometimes switching to Firefox or Edge helps when one browser is having issues. And definitely bookmark the direct my.ny.gov link so you don't accidentally end up on a fake site. Hope you get through this afternoon - we're all in this together!
I've been filing unemployment claims in NY for about 6 months now and can confirm what others are saying about the system being more stable in the afternoon/evening. What really helped me was setting up a routine - I always file between 3-5pm and rarely have issues during those hours. One thing I'd add is to make sure your browser is fully updated, as I noticed older browser versions sometimes have compatibility issues with the my.ny.gov site. Also, if you're using any browser extensions or ad blockers, try disabling them temporarily as they can sometimes interfere with the login process. Don't worry about missing your deadline - you really do have until Saturday night, and the stress isn't worth it when there are so many hours left to successfully file!
Quick tip: take screenshots of everything you submit to NYS Department of Labor and keep copies of all documents. Their system sometimes 'loses' uploads and you'll want proof you submitted everything correctly the first time.
Just went through this process myself a few months ago. In addition to what others mentioned, make sure you have your Social Security card handy and any military discharge papers if you're a veteran (they sometimes ask for DD-214). Also, if you worked multiple jobs in the past year, gather contact info for ALL employers - NYS Department of Labor may need to verify wages from each one. The online application will walk you through exactly what documents to upload, but having everything ready beforehand makes the process much smoother. Good luck!
This is really helpful! I didn't even think about needing military documents. Quick question - when you say "contact info for ALL employers," do you mean just their phone numbers and addresses, or do I need specific HR contact details? My previous job before this one was at a small company that might not even have a dedicated HR person.
Nia Wilson
@Dylan Cooper - Just wanted to add that in New York, the unemployment insurance system is specifically designed to be a safety net that doesn't burden individual employers unfairly. The state uses an "experience rating" system where employers with stable workforces pay lower rates, while those with frequent layoffs pay more over time. This means your single claim won't dramatically impact your former employer's costs. The Rochester manufacturing sector has seen some challenges lately, so legitimate layoffs are unfortunately common and expected. File your claim with confidence - you've earned these benefits through your work, and the system exists precisely for situations like yours.
0 coins
Chloe Taylor
•That's really reassuring to hear about the experience rating system! I had no idea it was set up that way. It makes me feel much better knowing that my claim won't unfairly penalize my former employer, especially since the layoff really wasn't anyone's fault - just business conditions. I appreciate everyone taking the time to explain how this all works. I'm going to go ahead and file my claim today. Thanks for all the helpful information!
0 coins
Cameron Black
I went through this exact same situation when I got laid off from a warehouse job in Buffalo last year. The whole employer-pays thing confused me too at first, but here's what I learned: New York employers pay quarterly unemployment insurance taxes based on their payroll and claim history. The money goes into a state trust fund, and that's where your benefits come from - not directly from your employer's bank account. Your former employer might get a notice about your claim, but if it was a legitimate layoff due to business reasons, they usually won't contest it. The key is to file as soon as possible since there's a waiting period, and you can't get benefits for weeks you don't claim. Good luck with your application!
0 coins
Yara Sayegh
•@Cameron Black Thanks for sharing your experience from Buffalo! It s'really helpful to hear from someone who went through the same thing. The quarterly tax system you mentioned makes a lot of sense - it sounds like it s'all handled at the state level which probably makes the whole process more standardized. I m'definitely going to file ASAP since you mentioned the waiting period. Did you have any issues with the application process itself, or was it pretty straightforward once you understood how the funding works?
0 coins
Miguel Diaz
•@Cameron Black The application process was actually pretty straightforward once I got started! The NY.gov unemployment portal walks you through everything step by step. Just make sure you have your Social Security number, driver s'license, and employment details ready like (your employer s'name, address, dates of employment, and reason for separation .)The trickiest part for me was remembering exact dates and wages from previous jobs since they ask for 18 months of work history. I d'recommend gathering all that info before you start the application so you don t'have to stop halfway through to look things up.
0 coins