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The NYS Department of Labor system is so confusing! I filed right away when I got laid off but then had to do all this job search stuff and prove I was looking for work. Make sure you understand the requirements before you start getting benefits or they'll hit you with an overpayment later.
Also want to mention - when you file your claim, be completely honest about the circumstances of your termination. The DOL will contact your former employer to verify details, and any inconsistencies can cause major delays or even disqualification. Even if you were fired for performance issues (not misconduct), you may still be eligible. The key difference is that misconduct involves intentional wrongdoing, while poor performance is usually not considered misconduct under NY unemployment law.
This is really important advice! I was actually fired for attendance issues (had some health problems that made me late frequently), but it wasn't intentional misconduct. Should I explain the full situation when I file, or just stick to the basic facts? I don't want to hurt my case but I also don't want to seem like I'm hiding anything.
I'm 59 and have been following this discussion closely since I'm in a similar situation. One thing I wanted to add that I don't think has been mentioned yet - if you do end up retiring voluntarily and aren't eligible for unemployment, make sure you understand how it affects your taxes. Unemployment benefits are taxable income, but so are most retirement account withdrawals. If you're planning to bridge the gap by pulling from your 401k or IRA early, you'll not only pay regular income tax but also a 10% early withdrawal penalty unless you qualify for an exception. The "separation from service after age 55" rule might apply to your 401k if you leave your current employer, but IRA early withdrawal penalties are harder to avoid. Sometimes people get so focused on the unemployment benefits question that they forget to plan for the tax implications of their retirement income strategy. I'd definitely recommend talking to a tax professional or financial advisor before making any final decisions - the unemployment benefits are temporary anyway, but tax mistakes can be costly for years to come.
This is such an important point about the tax implications that I think a lot of people overlook! I'm 55 and just starting to think about these issues, and honestly hadn't fully considered how the early withdrawal penalties could eat into retirement savings. The "separation from service after age 55" rule is news to me - that could be really valuable to know about. Do you happen to know if that rule applies if you take a new job after retiring, or does it only work if you don't work at all after leaving? Also, when you mention talking to a tax professional, did you find it worth paying for that advice, or were you able to get good guidance from free resources? I'm trying to plan ahead but don't want to spend a fortune on consultations if there are reliable free options available. Thanks for bringing up this angle - it's definitely something I need to research more thoroughly!
I'm 63 and went through this exact situation two years ago. After reading all these responses, I want to emphasize something that might not be clear - timing is absolutely critical if you're hoping for any kind of involuntary separation. Don't wait until you're mentally ready to retire to start paying attention to your company's financial health and restructuring plans. I almost missed my opportunity because I wasn't plugged into the office gossip network. What saved me was that our union rep mentioned potential layoffs about 6 months before they happened, which gave me time to position myself (I volunteered for some less critical projects and made sure I wasn't indispensable). When the layoffs came, I was selected and was able to collect UI benefits for 8 months before I transitioned into full retirement. The key is being strategic about it early - once you've already announced retirement plans or started your pension paperwork, it's too late to change course. Also, document everything if you do get laid off instead of retiring, because the NYS DOL will ask detailed questions about the circumstances.
This is incredibly valuable insight about the timing aspect! I'm 60 and starting to think about my exit strategy, so this is exactly the kind of real-world advice I need. Your point about not being "indispensable" is particularly smart - I never would have thought about positioning myself that way. Can I ask how you managed to volunteer for less critical projects without making it obvious you were trying to get laid off? I'm worried about walking that fine line between being strategic and being too transparent about my intentions. Also, when you mention documenting everything, what specific types of documentation did the NYS DOL ask for? I want to make sure I'm prepared if a similar opportunity comes up in my situation. Thanks for sharing such detailed practical advice from someone who actually navigated this successfully!
unpopular opinion but the whole system needs to be rebuilt from scratch its literally held together with duct tape at this point 🤡
Had this exact same issue last month! Turns out my claim was stuck in some kind of review queue even though I got the approval texts. What finally worked for me was calling the technical support line (not the regular claims line) at 888-581-5812. They have a separate queue for website/system issues and I actually got through in about an hour. The rep was able to see that my account had some kind of flag that was preventing certification and cleared it on the spot. Worth trying before paying for those callback services!
Just make sure you have documentation of everything - your performance reviews, any disciplinary actions, emails, etc. If they contest your claim you'll want evidence to support your case during the adjudication process.
I went through something similar a few months ago. When you file your claim online with NYS DOL, be very detailed about the circumstances of your termination. Write down exactly what your supervisor said and any context about the "performance issues" they mentioned. If you have any employee handbook pages about progressive discipline or performance improvement processes that weren't followed, that could help your case. The system is designed to help workers who lose their jobs through no fault of their own, and lack of proper training/feedback sounds like it falls into that category. Don't let them intimidate you - you paid into this system and have every right to file a claim.
Zara Shah
Just wanted to update everyone - I tried the early morning approach that @Amara Nnamani suggested and got through at 5:30am! The site was super slow but I managed to complete my certification. For anyone still having issues, definitely try between 5-7am when there's less traffic. Also make sure to have all your info ready beforehand because the session might time out if you take too long. Hope this helps! 🙏
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Logan Scott
•@Zara Shah Thank you so much for the update! That s'really encouraging to hear someone actually got through. I m'definitely setting my alarm for 5am tomorrow - fingers crossed the early morning window is still working. Did you notice if the site was completely down or just really slow during those early hours? Also wondering if anyone knows how long these system issues typically last with NYSDOL? This is my first time dealing with their website problems and the stress is real 😅
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Lucy Lam
I'm dealing with the exact same issue here in Albany! Been getting ERR_CONNECTION_RESET since Tuesday and it's driving me crazy. My certification is due tomorrow and I'm panicking. I tried all the usual troubleshooting - different browsers, clearing cache, restarting router, even tried from a different location with different wifi. Nothing works! Seeing everyone's comments makes me feel less alone in this mess. Definitely gonna try the 5am approach that @Zara Shah mentioned - sounds like that might be our best bet right now. Also documenting everything like @Douglas Foster suggested just in case I need to prove the system was down. Has anyone had luck calling the regular unemployment line recently or is everyone getting those insane hold times? This whole situation is so stressful when you're already dealing with unemployment 😔
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Esmeralda Gómez
•@Lucy Lam I feel you on the stress! I m'new here but dealing with the same nightmare. Been trying since Wednesday with no luck. The regular phone line is a joke - waited 6 hours yesterday and never got through. I m'definitely trying that 5am trick tomorrow too. We got this! Also saw someone mention checking their Twitter for updates - might be worth following @nysdol for any official announcements about the outage. Stay strong! 💪
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