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Just be completely honest when you file. Include both the restructuring reason from your termination letter AND mention the performance warning. Let NYS Department of Labor sort it out during adjudication if your employer contests it. The worst thing you can do is leave out important details that they'll discover anyway.
I had a very similar situation a few months ago - got laid off during "restructuring" but had received some performance feedback earlier. Here's what I learned: NYS Department of Labor cares more about the immediate cause of separation than past performance issues. If your termination letter says position eliminated due to restructuring, that's usually considered involuntary separation through no fault of your own. The performance warning from a month ago probably won't disqualify you unless it was for serious misconduct. When you file, mention both - the restructuring reason and the prior warning - but emphasize that the official reason was budget cuts/restructuring. This shows you're being transparent while making it clear the separation wasn't performance-based. Most importantly, file as soon as possible since there's a waiting period anyway.
This is really helpful advice, thank you! I'm feeling more confident about being upfront with both pieces of information. One question though - when you say "file as soon as possible," do you mean I should apply online right away or should I try to speak with someone first to make sure I'm answering the questions correctly? I've heard the NYS Department of Labor phone lines are really hard to get through on.
Quick tip: take screenshots of everything you submit to NYS Department of Labor and keep copies of all documents. Their system sometimes 'loses' uploads and you'll want proof you submitted everything correctly the first time.
Just went through this process myself a few months ago. In addition to what others mentioned, make sure you have your Social Security card handy and any military discharge papers if you're a veteran (they sometimes ask for DD-214). Also, if you worked multiple jobs in the past year, gather contact info for ALL employers - NYS Department of Labor may need to verify wages from each one. The online application will walk you through exactly what documents to upload, but having everything ready beforehand makes the process much smoother. Good luck!
This is really helpful! I didn't even think about needing military documents. Quick question - when you say "contact info for ALL employers," do you mean just their phone numbers and addresses, or do I need specific HR contact details? My previous job before this one was at a small company that might not even have a dedicated HR person.
I'm going through this exact same situation right now! Been trying since early morning and keep getting the "system unavailable" message. It's really reassuring to see I'm not the only one and that there are solutions. Based on everyone's advice, I'm going to try again this afternoon using incognito mode and maybe the mobile app if the website still doesn't work. Thanks for posting this question - the responses have been super helpful! It's good to know we have until Saturday to file, that definitely takes the pressure off.
Same here Sofia! I've been dealing with this for weeks now and what I've found is that the system really does work much better after 2-3pm. The morning rush seems to overload their servers. Also wanted to add that if you're using Chrome, sometimes switching to Firefox or Edge helps when one browser is having issues. And definitely bookmark the direct my.ny.gov link so you don't accidentally end up on a fake site. Hope you get through this afternoon - we're all in this together!
I've been filing unemployment claims in NY for about 6 months now and can confirm what others are saying about the system being more stable in the afternoon/evening. What really helped me was setting up a routine - I always file between 3-5pm and rarely have issues during those hours. One thing I'd add is to make sure your browser is fully updated, as I noticed older browser versions sometimes have compatibility issues with the my.ny.gov site. Also, if you're using any browser extensions or ad blockers, try disabling them temporarily as they can sometimes interfere with the login process. Don't worry about missing your deadline - you really do have until Saturday night, and the stress isn't worth it when there are so many hours left to successfully file!
Just remember that welfare has work requirements too so make sure you're meeting the job search requirements for both programs. NYS Department of Labor requires you to look for work and so does welfare usually.
I went through this exact situation about 8 months ago with two kids as well. You absolutely can get both - I received unemployment from NYS Department of Labor and SNAP/cash assistance from local DSS. The key thing is being completely transparent about your unemployment benefits when you apply for welfare. They'll reduce your cash assistance based on your UI payments, but you'll likely still qualify for SNAP and definitely for Medicaid for you and your kids. Apply for both ASAP since there can be processing delays, especially with welfare applications. Also keep all your documentation organized because both agencies will want proof of everything. Hang in there - the combination of both programs really helped me get through those tough months until I found work again.
This is really helpful to hear from someone who went through the same situation! I'm definitely going to apply for both right away. Quick question - when you say they reduced your cash assistance based on UI payments, do you remember roughly how much? Like if I get $400/week in unemployment, would that completely eliminate cash assistance or just reduce it? Trying to get an idea of what to expect financially.
Miguel Alvarez
@Natasha Kuznetsova - I went through this exact situation last year when my retail hours got slashed. The application process is straightforward through my.ny.gov, but here's what I wish someone had told me upfront: when you certify weekly, be 100% accurate about your work days and earnings. Even small mistakes can trigger overpayment issues later. Also, keep detailed records of everything - your work schedule, pay stubs, and all correspondence with DOL. The partial benefits really do help bridge that income gap while you're looking for additional work or waiting for your hours to pick back up. You've got this!
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Luca Marino
•@Miguel Alvarez Thanks for the detailed advice! This is exactly what I needed to hear from someone who s'been through it. I m'definitely going to start keeping better records of everything - I hadn t'thought about how important documentation would be. Quick question though - when you say be "100% accurate about work days and earnings, do" you mean I should report gross earnings before taxes or net earnings after deductions? I want to make sure I don t'mess this up from the start.
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Finnegan Gunn
I'm in a similar boat - my hours got reduced from full-time to about 15 hours per week. From what I've learned researching this, you definitely qualify for partial unemployment benefits in NY since your reduction is due to lack of work, not by choice. The $200/week you're making now is well below what would disqualify you from benefits. One tip I picked up: when you file your initial claim, make sure to mention that your hours were reduced due to lack of available work - this helps establish that you're eligible. Also, start keeping track of your job search activities right away since you'll need to log 3 per week just like regular UI claimants. The partial benefits should help significantly while you're looking for additional work or waiting for your hours to return to normal.
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