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my cousin works for unemployment (not in NY tho) and she says this happens all the time. most states give you like 26 weeks of payments but your "claim year" is 52 weeks. so yeah your claim is still active but you used all your weeks. thats why it wont let you file a new one yet.
I'm dealing with something similar right now! My benefit year doesn't expire until next summer but I've been getting "no weeks available" messages for the past month. It's so frustrating because the system makes it seem like you should still be able to claim benefits. I tried calling multiple times but gave up after waiting hours each time. Reading through these comments, it sounds like we're all in the same boat - exhausted our 26 weeks but still have an active claim period. Really wish NYSDOL would make this clearer on their website instead of leaving us all confused!
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This whole situation is such a mess! I've been using my Chime account for unemployment since February and just found out about this change when I tried to certify yesterday. Like others have said, I got absolutely zero notification about this. I'm going to go with the NY Direct Payment Card option for now since I can't afford to wait weeks to open a new bank account. Does anyone know if there are any fees associated with the state debit card? And can you use it at any ATM or just specific ones? Really frustrated that they made this change with such little notice. Some of us rely on these payments and can't just switch banks overnight!
I'm in the exact same boat! Just found out about this yesterday too. From what I've read, the NY Direct Payment Card doesn't have monthly fees, but there might be ATM fees if you use out-of-network ATMs. You should be able to use it at most ATMs that accept MasterCard or Visa (whichever network the card uses). There's usually a list of fee-free ATMs that comes with the card info. Also, you can typically do one free withdrawal per month at any ATM. Hope this helps - we're all figuring this out together!
Just wanted to share my experience for anyone still dealing with this mess - I switched to a local credit union after this Chime thing happened and it was actually way easier than I expected. Took about 30 minutes to open the account online and they had zero fees for basic checking. The direct deposit switch in the NYSDOL portal was instant once I had the routing/account numbers. I know it's frustrating having to change everything, but honestly the credit union has been better than Chime in a lot of ways. No random holds on deposits, better customer service, and I don't have to worry about them randomly changing their policies. If anyone needs suggestions for fee-free credit unions in NY, I can share what I found!
That's really helpful to know! I'd definitely appreciate any suggestions for fee-free credit unions in NY. I'm in the Buffalo area if that makes a difference. I was dreading having to deal with traditional banks and all their fees, but if credit unions are actually better than what I had with Chime, maybe this change won't be so bad after all. How long did it take for your first unemployment deposit to go through to the new account?
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I'm going through something similar right now! Got laid off in March with a 10-week severance and my claim has been pending ever since. Reading through everyone's experiences here has been really eye-opening - I had no idea the severance essentially puts you in a "still employed" status for unemployment purposes. I've been faithfully doing my weekly certifications but was getting frustrated not seeing any movement on my claim. Now I understand I just need to wait out the full severance period. One question though - has anyone had experience with severance that includes health insurance continuation? My package includes COBRA payments for the severance period and I'm wondering if that affects the unemployment timeline at all, or if it's just the cash portion that matters for the waiting period calculation.
Great question about the COBRA payments! From what I understand, the health insurance continuation shouldn't affect your unemployment waiting period - it's only the cash severance that counts as "wages" for unemployment purposes. The COBRA payments are considered a benefit continuation, not wages, so they shouldn't extend your waiting period beyond the 10 weeks. But I'd definitely recommend confirming this with a DOL representative when you get a chance to speak with one, since every situation can have nuances. Keep doing those weekly certifications though - you're doing the right thing!
This whole thread has been incredibly helpful! I'm in a similar situation - got laid off in February with a 12-week severance package and was completely confused about why my unemployment claim wasn't moving forward. The NYS DOL website really doesn't explain this clearly at all. I've been doing my weekly certifications but was starting to panic that something was wrong with my application. Now I understand I just need to wait out the full severance period before benefits kick in. It's frustrating but at least now I know what to expect. Thanks everyone for sharing your experiences - it's so much more helpful than trying to decode the official government explanations!
I completely agree - this thread has been a lifesaver! I'm also dealing with a severance situation and was getting so frustrated with the lack of clear information from NYS DOL. It's really reassuring to hear from so many people who've been through this exact same process. The waiting period is definitely stressful, especially when you're not sure if you're doing everything right, but it sounds like as long as we keep up with the weekly certifications, everything should work out once the severance period ends. Thanks to everyone who shared their experiences here!
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Just be careful because some severance agreements DO include salary continuation which would count as earned income. Read your severance paperwork carefully to make sure it's truly a lump sum dismissal payment.
Good point - mine was definitely a one-time payment, not salary continuation. Thanks for mentioning that distinction!
I went through this exact situation a few months ago. Emma is right - lump sum severance is typically not considered earned income for unemployment purposes in NY. The key thing is that it's a one-time payment for job loss, not wages for work performed. I'd still recommend keeping all your severance paperwork just in case NYSDOL ever asks for documentation, but you shouldn't need to report it on your weekly claims. Just make sure you're still actively looking for work and reporting any actual earnings from new employment!
This is really helpful! I've been stressed about this for weeks. Did you have any issues with your claim because of the severance, or did everything go smoothly once you didn't report it? I'm just paranoid about getting flagged or having to pay anything back later.
Eve Freeman
I'm in a similar situation actually. Got denied for supposedly violating company policy but they never gave me any warnings or documentation. Been going back and forth about whether to appeal or just look for work. $15k is a lot of money to fight for though, especially if you really think they're lying about the misconduct.
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Mia Rodriguez
I'd suggest trying to handle the initial appeal yourself first - you can always hire a lawyer later if it doesn't go well. NYS Department of Labor appeals have multiple levels, so even if you lose the first round, you can get legal help for the administrative law judge hearing. Start by requesting your complete employment file from your former employer (they're required to provide it) and document everything about your termination. If they really are lying about misconduct, inconsistencies in their story will become apparent. The worst case is you're out some time, but you'll save thousands in legal fees and learn a lot about your case in the process.
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Mei Chen
•This is really solid advice! I didn't know employers were required to provide your complete employment file - that could be a game changer if they're claiming misconduct without proper documentation. How long do they typically have to respond to that request? And do you happen to know what specific information I should be looking for in those files that might help my case?
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Dmitry Popov
•@Mia Rodriguez Under New York Labor Law, employers typically have to provide your personnel file within a reasonable time usually (5-10 business days after) your written request. Look for: disciplinary notices, performance reviews, attendance records, training documentation, and any written policies they claim you violated. The key is finding gaps - if they say you were fired for a specific policy violation but there s'no record of you being trained on that policy or receiving prior warnings, that s'huge for your case. Also check if their termination documentation was created after the fact or if the dates don t'match up with their story.
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