New York Unemployment

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Ask the community...

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I'm currently going through something very similar - just got laid off last month with a settlement that included severance and an NDA. From what I've researched and based on what others have shared here, the key thing is that your termination was involuntary, which it clearly was since they called it "restructuring." The settlement payment itself won't disqualify you from unemployment benefits. When you file your claim, just be completely transparent about both the termination reason and the settlement details. NYS DOL will want to know the exact amounts and dates, but as long as you can show the termination wasn't your fault, you should be eligible. I filed my claim about two weeks after signing my settlement and the process has been straightforward so far. The only thing that might affect timing is if any part of your settlement is considered payment in lieu of notice, but even then it just delays when benefits start rather than preventing them entirely. My advice would be to file as soon as possible since there's already a waiting period built in anyway.

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Thanks for sharing your experience! It's really helpful to hear from someone who's currently going through this process. Two weeks after signing and things are going smoothly - that's encouraging. I'm curious about one thing you mentioned - how did you determine if any part of your settlement counted as "payment in lieu of notice"? My settlement agreement just mentions a lump sum severance payment but doesn't break down the components. Did NYS DOL ask you to clarify that during your filing, or was it pretty clear from your paperwork? I want to make sure I'm prepared with the right information when I file my claim this week.

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I went through almost the exact same situation about 8 months ago - terminated during "restructuring" with a settlement that included severance and NDA. The good news is you absolutely can file for unemployment benefits! The settlement won't disqualify you as long as the termination was involuntary (which yours clearly was). When I filed, I was completely upfront about both the termination circumstances and the settlement details. NYS DOL asked for the settlement amount and dates, but since I could prove the termination wasn't my fault, I was approved. One tip - file your claim ASAP even while you're still figuring out all the details, because there's already a waiting week built into the system anyway. The review process took about 3 weeks in my case, but having clear documentation that showed involuntary termination really helped speed things up. Just be honest about everything from the start and you should be fine!

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Just wanted to jump in as someone who's been dealing with NY unemployment for over a year now. These system delays are unfortunately way more common than they should be! I've probably experienced 4-5 delays like this, and every single time it resolved itself within a few days without me having to do anything. The longest was 5 days, which was nerve-wracking, but the money always eventually shows up. What I've learned is that calling usually doesn't help much unless it's been over a week - the reps often just tell you the same thing (that there's a processing delay) and can't manually push your payment through anyway. The Twitter updates are actually pretty reliable when they post them, so sounds like tomorrow should be the day for most people! Hang in there everyone, I know the stress is real when bills are due.

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@Hassan Khoury Thank you so much for sharing your long-term experience with this! It s'really reassuring to hear from someone who s'been through multiple delays and always had them resolve. Five days sounds terrifying in the moment, but knowing that the money always eventually came through is exactly what I needed to hear right now. You re'absolutely right about the stress being real when bills are due - I was starting to panic about my rent payment, but your perspective is helping me stay calm and wait this out. Really appreciate you taking the time to share this wisdom with all of us newer folks who are freaking out over our first delays!

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I've been dealing with NY unemployment for about 8 months now and can confirm that these delays happen way more often than they should! Usually mine comes through on Tuesday morning like clockwork, but I've had probably 3-4 random delays during that time. The longest was about a week, which was absolutely terrifying when I had bills due, but it always eventually processes. One thing I learned is to screenshot your certification confirmation page - it helps give you peace of mind that you did everything correctly on your end. The system glitches are real and unfortunately pretty common. Based on what @Dylan Fisher shared about the Twitter update, sounds like this should resolve soon for everyone. The waiting is definitely the worst part though!

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Apply anyway! Even if they fire you, you should file your claim right away. The adjudication process will determine if your attendance issues constitute misconduct. Don't assume you're disqualified - let NYS Department of Labor make that determination based on all the facts.

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I went through something similar last year. The important thing to understand is that NYS Department of Labor distinguishes between different types of misconduct. Simple tardiness due to childcare issues often doesn't rise to the level of "willful misconduct" that would disqualify you. I'd recommend documenting everything - keep records of your childcare provider's schedule changes, any daycare closures, doctor visits for your child, etc. When you apply, be completely honest about the circumstances. Many parents face these exact challenges and the system does recognize legitimate childcare conflicts as different from just being irresponsible. Also, even if you're initially denied, the appeals process gives you a chance to present your case more thoroughly with all your documentation.

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Same thing happened to my cousin except it was for being late too many times instead of missing work completely. She still got her benefits after explaining the situation during the phone interview.

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I work for a nonprofit that helps people navigate unemployment claims, and I can tell you that attendance-related terminations are evaluated case by case. The key factors NYS DOL considers are whether the absences were willful misconduct versus circumstances beyond your reasonable control. Document everything - transportation breakdowns, childcare emergencies, any medical issues. When you file your claim, be completely honest about the attendance issues but also clearly explain the underlying causes. Many people in similar situations do receive benefits, especially when they can show they made good faith efforts to maintain attendance despite legitimate obstacles.

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The system is SO confusing! I thought I was going to get way more than I actually got. They calculate it weird with all these quarters and base periods. Why can't they just use your last few paystubs like normal people would expect??

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The base period system is designed to use a more stable earnings period rather than just recent weeks, which could be higher or lower than typical. It's supposed to be more fair over time, even though it's definitely confusing at first.

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Just went through this process myself recently. One thing to keep in mind is that the weekly benefit amount also depends on whether you have any part-time earnings while collecting unemployment. If you work part-time while on unemployment, they deduct a portion of those earnings from your weekly benefit, but you can still earn up to a certain amount without losing your full benefit. Also, don't forget that unemployment benefits are taxable income - you can have taxes withheld or you'll owe when you file your tax return. The NYS Department of Labor website has a benefit calculator tool that can give you a rough estimate based on your earnings history if you want to get a better idea before you actually need to file.

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That's really helpful info about the part-time work rules! I didn't know you could still earn some money while collecting benefits. Do you remember what the threshold was for how much you can earn before they start reducing your weekly benefit amount? I might need to pick up some shifts here and there to make ends meet.

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