New York Unemployment

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Just wanted to add my two cents as someone who went through this process recently. I was in a similar boat - waited about 6 weeks to file because I thought I had to be completely out of work for 30 days first (which is totally wrong, but that's what I believed). The key thing that helped my case was being able to show WHERE I got that wrong information from - in my case it was from my company's HR handbook that had outdated info. Like others have mentioned, having that paper trail of misinformation from an "official" source really strengthens your case. One thing I didn't see mentioned yet - if you do get approved for backdating, make sure you understand that you'll still need to meet all the other weekly requirements for those backdated weeks. So if they ask you to certify for those past weeks, you'll need to honestly answer whether you were able and available for work, actively seeking employment, etc. during that time period. The good news is your text evidence sounds really solid. "Part-time workers don't qualify" is such a specific and clearly wrong statement that it should carry a lot of weight with the examiner. Good luck with your request!

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That's a really important point about still needing to meet the weekly requirements for those backdated weeks! I hadn't thought about that aspect - I'll need to make sure I can honestly say I was able and available for work during those months I didn't file. Fortunately I was actively job hunting the whole time and kept records of applications I submitted, so that should help. The HR handbook situation you described sounds similar to mine with getting wrong info from an official company source. Thanks for the heads up about the weekly certification requirements for backdated periods - that's definitely something to keep in mind! @f276654cb9eb

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I'm dealing with a very similar situation right now! Lost my job in February but didn't file until last week because my HR department told me I needed to wait 60 days before applying (which I now know is completely false). I've been reading through all these responses and I'm getting so much useful information about the backdating process. One thing I wanted to add that might help others - when I called the NYSDOL customer service line to ask about backdating, the representative told me to make sure I submit my request within 30 days of filing my initial claim. Apparently there's an informal deadline they follow, so don't wait too long to submit that backdating paperwork! I'm planning to include screenshots of the email where HR told me about the "60-day waiting period" along with a timeline of events like others suggested. Seeing all these success stories with employer misinformation gives me hope that we both might have a decent shot at getting some of those lost weeks back. The key seems to be having that paper trail showing we received wrong information from someone in authority. Thanks everyone for sharing your experiences - this thread has been incredibly helpful for figuring out how to approach this situation!

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That 30-day deadline for submitting backdating requests is really important info - thanks for sharing that! I had no idea there was an informal timeline they follow. That definitely adds some urgency to getting all my documentation together. Your situation with HR telling you about a fake "60-day waiting period" sounds just as frustrating as all our part-time worker misinformation stories. It's crazy how many employers are giving out completely wrong advice about unemployment eligibility! I'm definitely going to submit my request this week now that I know about that 30-day window. Good luck with your case - sounds like you have solid evidence with that HR email! @d5aaa21697d4

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I'm sorry you're going through this tough situation. From what I understand about NY unemployment law, failing a drug test is generally considered "misconduct connected with work" which would disqualify you from benefits. However, every case is different and there can be nuances - like whether your employer had a clear drug policy that was properly communicated, or if there were any medical factors involved. I'd recommend filing your claim anyway since the determination process will review all the specifics of your case. You have nothing to lose by applying, and if you're denied, you can always appeal. Make sure to gather any documentation about your employment, the drug test process, and your termination. Good luck!

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This is really helpful advice! I'm wondering though - if someone does get denied initially, how strong are the chances on appeal? And do you know if having a clean work record before this incident makes any difference in how they evaluate the case?

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Hey Tobias, I'm really sorry you're dealing with this situation. I actually work in HR and have seen cases like yours before. While failing a drug test is typically classified as misconduct, there are some factors that could potentially work in your favor. For instance, if your employer didn't have a clearly written drug policy in your employee handbook, or if they didn't follow proper testing procedures, that could be grounds for your claim. Also, the timing matters - some people have successfully argued that off-duty conduct shouldn't disqualify them if it didn't directly impact their work performance. I'd definitely recommend filing your claim and being completely honest about the circumstances. Make sure to mention your 8 months of good work history too, as that shows you were a reliable employee. The worst case scenario is they deny it, but at least you'll have tried. And if denied, the appeal process gives you another chance to present your case with more documentation.

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Ugh, same exact thing happening to me! Been trying since Sunday and the site just keeps crashing or giving me that "request cannot be processed" error. Really stressing me out because I have bills due this week too. The fact that this happens EVERY month is just unacceptable - how are we supposed to survive when their ancient system can't handle basic traffic? Going to try some of the suggestions here like using Firefox and trying at weird hours. If that doesn't work I might have to look into that claimyr service people are mentioning. This whole situation is just ridiculous.

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I feel your pain! Just went through the exact same thing last week. The Firefox suggestion actually worked for me - apparently Chrome has some weird compatibility issues with their outdated system. Also try clearing your cookies/cache completely before attempting. The 2-3am time slot seems to be the sweet spot when fewer people are hammering the servers. Don't give up!

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This is absolutely maddening! I've been dealing with the same certification nightmare since Sunday. Tried every browser, cleared cache, even borrowed my friend's computer thinking it was my device. Nothing works! The site either times out completely or gives me that useless "technical difficulties" message. I'm supposed to get my payment today and now I'm panicking about making rent. Called 47 times yesterday and either got busy signals or sat on hold for over an hour before getting disconnected. How is this even legal? We depend on these benefits to survive and their system fails us every single week. I'm honestly at my breaking point with NYSDOL's incompetence. Going to try the late night approach tonight but if that doesn't work I might have to look into some of these third-party services people are mentioning just to talk to an actual human being.

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Hey Roger! I totally get the anxiety about this - I was in the exact same situation a few months ago and was convinced I was going to mess something up. But honestly, it turned out to be much simpler than I expected. Here's what I learned: call right when they open (8am is the magic hour), have your claim number and exact travel dates ready, and just be honest about everything. They asked me if I'd still be available for interviews (I said yes, via phone/video) and if I'd continue my job search while away. The whole conversation was maybe 5 minutes once I got through. The agent was actually really nice and said travel notifications are super common. One important thing - make sure you keep filing your weekly claims online while you're gone! That part tripped me up initially. You've got this, and I hope you have an amazing trip! 🌍

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Thanks Dylan! This is exactly the kind of reassurance I needed to hear. I've been reading horror stories online about people having their benefits suspended for months just because of miscommunication about travel, so it's really comforting to know that most experiences are actually pretty straightforward. The tip about being available for phone/video interviews is smart - I hadn't really thought about how to frame that part of the conversation. I'll definitely make sure to emphasize that I'm still actively job searching and available for remote interviews. Really appreciate you taking the time to share your experience! 😊

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I went through this exact same situation about 6 months ago! The key is definitely calling right when they open at 8am - I got through in about 15 minutes versus the usual hours-long wait. The representative was actually super understanding and just needed my travel dates and confirmation that I'd still be available for work opportunities via phone/video. They made a note in my file and that was it - no forms, no documentation needed. Just make sure you keep filing your weekly claims online while you're away (you can do it from anywhere with internet). The whole process was way less scary than I built it up to be in my head. You're doing the right thing by notifying them beforehand - have a safe trip! 🛫

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This thread has been so helpful! I'm a newcomer here and facing this exact situation next month. It's really reassuring to see so many people sharing positive experiences with the travel notification process. The 8am calling tip seems to be the golden rule everyone agrees on. @Gael Robinson thanks for mentioning the online weekly claims filing - that s'definitely something I wouldn t'have thought to ask about during the call. Quick question for everyone: has anyone had experience with international travel specifically, or have most of your trips been domestic? Just wondering if there are any additional considerations for going abroad.

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THE WHOLE SYSTEM IS A NIGHTMARE! I've been filing these stupid quarterly reports for 3 years and they STILL send me penalty notices for no reason. Half the time their own website doesn't work properly during filing season. And don't get me started on trying to reach anyone by phone - it's like they don't want employers to actually comply with the law!

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I hear you on the website issues. Sometimes I have to try multiple browsers just to get the filing to go through.

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Also worth noting that if you have employees working in multiple states, you'll need to file separate quarterly reports for each state. New York only covers wages paid to employees working in NY. Make sure you're calculating the taxable wage base correctly too - for 2025, it's the first $12,300 of each employee's annual wages. The tax rate varies depending on your experience rating, but new employers typically start around 4.1%. Keep detailed payroll records because NYS Department of Labor can audit up to 4 years back.

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This is really helpful information about the wage base and tax rates! I had no idea about the 4-year audit window - that's definitely something to keep in mind. Since I'm new to all this, do you know if there are any specific record-keeping requirements beyond just payroll records? Like do I need to maintain copies of the actual quarterly filings or just rely on what's in the NYS Business Express system?

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