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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 went through something similar about 8 months ago. Here's what I learned: even if you're past the 30-day appeal deadline, you can still request what's called a "reopening" of your case if you have new evidence or can show good cause for the delay. Since you mentioned being forced out due to impossible working conditions, that could potentially qualify as constructive discharge. Try calling the Telephone Claims Center early in the morning (like 8 AM sharp) - that's when I had the best luck getting through. Also, gather any evidence you can find now - emails, text messages, witness statements, anything that shows the hostile work environment. Don't give up - the system is frustrating but there are still options available to you.
This is really helpful advice, thank you! I didn't know about the "reopening" option - that gives me some hope. I'm definitely going to try calling at 8 AM sharp like you suggested. I might not have formal documentation but I do have some text messages from coworkers who witnessed what was happening. Do you know if that kind of informal evidence actually carries any weight with them? Also, when you say "good cause for delay" - would being overwhelmed and stressed about the situation count, or do they need something more concrete like a medical issue?
I'm dealing with a similar situation right now and wanted to share what I've learned from talking to a legal aid attorney. First, "good cause" for missing the appeal deadline can include being overwhelmed or not understanding the process - it doesn't have to be just medical issues. Stress and confusion about the system actually do count. Second, text messages from coworkers absolutely can help your case, especially if they witnessed the hostile work environment or can confirm you were pushed out. Even informal documentation is better than nothing. The key is showing a pattern of behavior that made your working conditions intolerable. I'd also suggest looking into whether your area has a legal aid office that helps with unemployment appeals - many offer free consultations and can walk you through the process. Don't lose hope - I've seen people successfully overturn denials even months later when they had good evidence of constructive dismissal.
This is really encouraging to hear! I had no idea that stress and confusion could count as "good cause" - I was beating myself up thinking I had no excuse for missing the deadline. The legal aid suggestion is brilliant too, I never thought to look into that. Do you happen to know how to find legal aid offices in my area? And when you mention showing a "pattern of behavior" - would things like my supervisor constantly changing my schedule last minute, giving me impossible deadlines, or excluding me from important meetings count? I'm starting to realize I might have more evidence than I initially thought.
Yes, absolutely those examples would count! Constantly changing schedules, impossible deadlines, and exclusion from meetings are all classic signs of constructive dismissal. To find legal aid in your area, try searching online for "[your county] legal aid" or "[your city] legal services" - most areas have organizations that help with employment issues for free. You can also call 211 (the information helpline) and they can connect you with local resources. Document everything you can remember with dates and details - even if it's after the fact, a timeline of events can be really powerful. The fact that you're recognizing these patterns now shows you have a much stronger case than you initially thought!
The system is so confusing about who can and can't get benefits. I've heard different things from different people but sounds like as long as you're legal to work you should be fine. Good luck with your claim!
I went through this exact same situation about 6 months ago - also a permanent resident who got laid off from a manufacturing job. Yes, you are definitely eligible! The key thing is that you've been paying into the unemployment insurance system through your payroll taxes, which gives you the right to collect benefits regardless of citizenship status. When you file your claim online, they'll ask about your work authorization but having a green card fully satisfies that requirement. Don't let anyone tell you otherwise - permanent residents have the same UI rights as citizens as long as you meet the work and wage requirements. File your claim as soon as possible since there can be waiting periods.
Just make sure you keep detailed records of your restaurant job hours and pay. NYS Department of Labor will want to see everything when you file your weekly claims. Also be prepared for the job search requirements - you'll still need to look for additional work even though you have the one job.
Good point about the job search thing. Do I need to look for full-time jobs or can I search for another part-time position to replace the one I lost?
I went through this exact situation about 6 months ago when I lost my morning shift job but kept my evening restaurant work. The process was actually pretty straightforward once I understood it. You'll file your initial claim reporting both jobs (the one you lost and the one you're keeping), and NYS Department of Labor will calculate your weekly benefit amount based on your total earnings history. Then each week when you certify, you report whatever you earned from the restaurant job and they'll pay you the difference if you qualify. Just be honest about everything and keep good records - they may ask for pay stubs from both jobs during the application process.
NebulaNomad
If you're having trouble getting through to NYS Department of Labor for claim status updates, I used a service called Claimyr that helped me reach an actual agent when I couldn't get through on my own. They have a website at claimyr.com and there's a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really saved me hours of trying to call and getting busy signals.
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Javier Torres
•Thanks for the tip! I'll keep that in mind if I run into issues later.
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Cole Roush
The "processed" status is actually a really positive sign! It means NYS DOL has completed their review of your weekly certification and approved your benefits for that week. You should see the status change to "released" soon, which means the payment has been sent to your bank or debit card. The timing can vary - direct deposit is usually faster (1-2 business days after "released") while the debit card can take a bit longer. Since this is your third week and the process seems to be moving faster than your first two weeks, that's actually a good indicator that your claim is running smoothly now.
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Mason Lopez
•This is really helpful to know! I'm actually in a similar situation with my first claim and was wondering about the timeline differences. It's reassuring to hear that the process typically gets faster after the initial weeks. Do you know if there's any way to track when it changes from "processed" to "released" or do you just have to keep checking the portal?
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