As someone new to this community and dealing with unemployment claims for the first time, I can't express how helpful this entire discussion has been! I'm currently in a very similar situation - my company used "discharged" on my termination paperwork even though they eliminated our entire IT support department (15 people) due to outsourcing to a third-party vendor. I've been absolutely terrified to file my claim because I thought "discharged" automatically meant I wouldn't qualify for benefits. Reading everyone's experiences here has completely changed my understanding of how NYS Department of Labor actually evaluates these cases. It's incredible to learn that they focus on the real circumstances rather than just the employer's choice of terminology. I'm planning to file my claim first thing Monday morning and will make sure to clearly explain that my position was eliminated along with my entire department due to the company's decision to outsource, not due to any misconduct or performance issues. Thank you all for sharing your stories and creating such a supportive environment for people navigating this stressful process!

I'm brand new to this community and going through the exact same situation right now! My employer labeled my separation as "discharged" on all the paperwork, but they actually eliminated my entire marketing department (9 people) due to what they called "cost reduction initiatives." I've been putting off filing my unemployment claim for over a week because I was convinced that "discharged" would automatically disqualify me. This whole discussion has been such a game-changer for my understanding! It's amazing to learn that NYS Department of Labor actually looks at the real circumstances rather than just accepting whatever terminology the employer decides to use. Everyone's success stories here are giving me the confidence to finally file my claim. I'm going to focus on clearly explaining that multiple positions were eliminated simultaneously due to budget cuts, not because of any performance or misconduct issues. Thank you everyone for creating such a supportive space for people like me who are navigating this confusing process for the first time!

Just to add - make sure you're answering all the questions honestly when you certify. They ask about any work you did, job refusals, if you were able and available, etc. Don't rush through it or you could end up with an adjudication issue later.

Great question! I was confused about this too when I first started. The key thing to remember is that you're certifying for a completed week (Sunday through Saturday), and you can do it any day after that week ends. I personally certify on Sunday evenings - it helps me stay organized and I can review my job search activities from the week that just ended. The NYS DOL system will show you exactly which week you're certifying for, so you don't have to worry about getting mixed up. Just make sure you don't skip a week or you might have to call them to fix it!

This whole system is so messed up! Employers can just walk you out whenever they want but then you have to jump through hoops to prove you deserve benefits. Good luck dealing with the NYS Department of Labor bureaucracy - hopefully they actually process your claim quickly for once.

I work in HR and see this situation fairly often. @Fatima Al-Farsi you're absolutely right to file - this is called being "separated prior to resignation date" and NYS treats it as an involuntary termination. When you file online, there's actually a specific option for this exact scenario. You'll want to select that you were discharged/terminated and then explain in the comments that you had given notice but were released early. Also keep any documentation like your original resignation letter or emails about being told not to return. The fact that you have a job starting soon shouldn't affect your eligibility for that gap week, just make sure to report your new start date when you certify for benefits.

NY unemployment is the WORST. I've never dealt with a more incompetent organization in my life. I started getting the "file new claim" thing after certifying for 6 weeks straight. Took me forever to get it fixed.

I'm going through something similar right now. Just certified on Sunday and usually get paid on Wednesday, but nothing showed up. When I log in, it's showing "File New Claim" but also says I certified for this week - makes absolutely no sense! I haven't received any letters or emails about a hearing though. Did you ever find out what triggered the hearing requirement? I'm worried I'm going to be stuck in this limbo for weeks like some of the others here. The inconsistency with different reps giving different answers is so frustrating.

Just wanted to add that unemployment benefits ARE taxable income, so make sure you report the full amount from your 1099-G on your tax return. A lot of people don't realize this and get surprised later.

For anyone still waiting on their 1099-G, I just wanted to mention that you can actually file your taxes without it if you keep good records. The IRS says you should report all unemployment income even if you don't receive the form. Just make sure to include the total amount you received - you can calculate this from your payment history in your unemployment account. But definitely still try to get the 1099-G since it will also show any federal taxes that were withheld, which you'll need for your tax return.