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Just wanted to add - keep all your documentation from your last claim filing and your new job start date. Screenshot your final weekly certification if possible. I had to reference mine months later when there was a discrepancy in their system about my benefit year balance. Having that proof saved me from having to jump through hoops to prove I filed correctly.
Great advice about keeping documentation! I just started screenshotting everything after reading horror stories about people having to prove their filing history months later. Did you have to deal with DOL directly or were you able to resolve the discrepancy online?
Also worth noting - if you worked any part-time or temporary jobs while collecting unemployment, make sure those are all properly reported before you stop filing. I forgot to report a one-day gig I did and it came back to bite me during an audit six months later. NYS DOL cross-references with employers so they'll eventually find unreported work. Clean slate is always better when transitioning off benefits.
This is such an important point! I had a few small freelance jobs while collecting and was paranoid about reporting everything correctly. Better to over-report than under-report. Does anyone know if there's a statute of limitations on these audits? Like how far back can they go to check for unreported work?
smh at everyone saying "just call them"... like have yall TRIED calling ny unemployment lately? You'll be on hold for 5+ hours only to get disconnected. The system is broken af.
That's why I used claimyr.com - they deal with the hold times and only connect you when there's an actual human on the line. Worth every penny when you're desperate to get your claim moving.
I went through almost the exact same thing 2 years ago - quit after 15 years due to stress-related health issues. Here's what I learned: NY does allow unemployment for "good cause" resignations, but you need ROCK SOLID documentation. Get your doctor to write a letter stating that continuing employment would pose serious health risks and that resignation was medically necessary. Also document everything about your work conditions - emails about workload, any attempts to get help from management, evidence of the toxic environment. The online system will probably auto-deny you, so be prepared to appeal. I had to go through 3 months of back and forth, but eventually got approved with full backpay. The key is having all your documentation ready and being persistent. Don't let the initial denial discourage you - fight it!
This is incredibly helpful - thank you for sharing your experience! 3 months sounds brutal but I'm encouraged that you got approved with backpay. When you say "rock solid documentation," how detailed did your doctor's letter need to be? Did they have to specify exact symptoms or just that continuing work would be harmful? I'm meeting with my doctor tomorrow and want to make sure I get the right language.
Sofia, definitely apply ASAP! Since you were laid off due to budget cuts, you absolutely qualify for unemployment benefits. You've already lost 8+ weeks of potential payments by waiting. When you apply, they'll backdate your claim to when you became unemployed, but you still need to file weekly certifications going forward. Don't worry about the job search documentation for the past 2 months - just focus on moving forward with your 3 weekly job search activities. The application process can take a few weeks to process, so the sooner you start, the better.
This is really helpful information, Juan! I had no idea they could backdate the claim. That makes me feel a lot better about the delay. I'm going to start the application on my.ny.gov right now. Quick question - when you mention 3 weekly job search activities, does that include things like networking events or just actual job applications?
@Abigail Patel The 3 weekly job search activities can include various types of work search efforts, not just job applications. Networking events definitely count! You can also include things like attending job fairs, meeting with employment agencies, creating or updating professional profiles LinkedIn, (Indeed, etc. ,)contacting employers directly even if they don t'have posted openings, and participating in reemployment services. Just make sure to keep detailed records of each activity including dates, company names, and what you did. The key is showing you re'actively trying to find work.
Sofia, I went through something very similar! I was laid off due to company restructuring and waited almost a month before applying because I thought I needed to find another job first. Big mistake! Like others have said, you qualify for benefits from the day you were laid off due to budget cuts. When I finally applied, they were able to backdate my claim to my separation date, so I didn't lose those weeks completely. The online application at my.ny.gov is pretty straightforward - just have your employer information, dates of employment, and reason for separation ready. One tip: start documenting your job search activities now if you haven't been keeping track. Even though they can backdate the monetary eligibility, you'll need to show ongoing work search efforts going forward. Don't beat yourself up about the delay - just get that application started today!
I went through something really similar about 6 months ago! I was classified as a 1099 contractor but my "client" basically treated me like a regular employee - set my hours, gave me company equipment, told me exactly how to do everything. When they let me go, I filed a SS-8 form with the IRS first to get an official determination, then used that with my NYS Department of Labor claim. It took about 2 months total but I did get approved for UI benefits retroactively. The key thing is documenting EVERYTHING - save all emails about schedules, any employee handbook they gave you, photos of the company equipment, etc. Also keep track of how much control they had over your work methods vs just the end result. Good luck!
@Mei Liu This is super helpful! I didn t'know about the SS-8 form with the IRS - that sounds like it could really strengthen my case with NYS Department of Labor. Two months isn t'too bad considering I was worried it might take much longer. Did you have to pay anything to file the SS-8 or was it free? And when you say retroactively "-" does that mean you got paid for the waiting period too? I m'definitely going to start collecting all that documentation you mentioned right away.
I've been through this exact situation! Was working as a "contractor" for a tech startup but they provided my laptop, required me to be in their office 9-5, and micromanaged every aspect of my work. When they terminated my contract, I initially thought I was out of luck for unemployment. But after reading about worker misclassification, I decided to challenge it. I filed with NYS Department of Labor explaining my situation with all the documentation I could gather - emails about required office hours, the equipment agreement, performance reviews that looked exactly like employee evaluations. It took about 6-8 weeks, but they ruled I was misclassified and I was able to get UI benefits. The process was stressful but totally worth it. Start documenting everything NOW while it's fresh in your memory, and don't let them get away with misclassifying you just to avoid paying into unemployment insurance. You worked there, you deserve the protections that come with employment!
@Ethan Anderson Your story gives me so much hope! It s'crazy how many companies are doing this to avoid paying their fair share into the unemployment system. The fact that you had performance reviews that looked like employee evaluations is a great point - I should check if my marketing agency did anything similar. Did you file the SS-8 form with the IRS that @Mei Liu mentioned, or did you go straight to NYS Department of Labor? I m trying'to figure out the best strategy since I really can t afford'to wait too long without income. Also, when you say micromanaged every "aspect - did" they tell you specific methods to use for your work, not just deadlines? I m trying'to build the strongest case possible.
Katherine Harris
I'm dealing with this same issue right now - benefits ending in 2 weeks and getting nowhere with the phone system. Reading through all these responses has been super eye-opening! Had no clue about the 599 training program or that you could combine partial benefits with gig work. I've been so focused on trying to find a full-time position that I hadn't considered these other strategies. Definitely going to look into approved training programs this week - I work in retail management but honestly been thinking it might be time for a career pivot anyway. Also going to bite the bullet and start those SNAP/HEAP applications everyone keeps mentioning. Thanks to everyone who shared their experiences - makes this whole situation feel way less hopeless when you realize there are still some options out there if you dig deep enough!
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Teresa Boyd
•Katherine, you're definitely not alone in this! I was in retail management too before my layoff and it's such a tough transition. The 599 training program could be perfect for a career pivot - they actually seem to favor applications from people whose industries have been disrupted. When I applied, I made sure to emphasize how retail management jobs were becoming scarce and how the new skills would open up better opportunities. Also, don't feel bad about applying for SNAP/HEAP - that's literally what those programs are for! The applications seem overwhelming but once you get through the initial paperwork it's pretty straightforward. One thing I wish someone had told me earlier - start keeping detailed records of all your job applications and networking activities now, even in these last two weeks. They can audit your work search at any time and having good documentation saved me a headache later. You've got this! 💪
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Natasha Petrova
I'm in the same boat as you - my benefits are ending in about 6 weeks and I've been dreading this moment. Reading through all these responses has been incredibly helpful though! I had absolutely no idea about the 599 training program. I've been working in hospitality management for years but honestly the whole industry feels unstable right now. The idea of using unemployment for retraining while getting extended benefits sounds like it could be exactly what I need to make a career change I've been putting off. Going to start researching approved programs tomorrow - hoping there are some business or project management courses available. Also definitely going to start those other assistance applications this week. It's frustrating how complicated the system is but at least there are still some safety nets if you know how to find them. Thanks everyone for sharing your experiences - makes this whole situation feel way less scary!
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Christian Bierman
•Hey Natasha! Hospitality management experience actually translates really well to project management - you already have all the coordination, multitasking, and crisis management skills that are core to PM work. When I was researching the 599 programs, I saw several business administration and project management certificate programs at SUNY schools that were on the approved list. The key thing I learned is to apply for the 599 pre-approval BEFORE your regular benefits run out - there's usually a gap between when your regular UI ends and when the training benefits kick in, so timing matters. Also, since you have 6 weeks left, you're in a better position than most of us were! Use that time to really research which programs align with your career goals and have good job placement rates. The hospitality industry's instability might actually work in your favor for the 599 application - they want to see that retraining is necessary for employment in your area. Start gathering your employment history docs now because the application process requires a lot of paperwork. You've got this! 🙌
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