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Just wanted to say I'm in the same boat - filed 3 weeks ago and still waiting. At least I know I'm not alone in this. The uncertainty is the worst part.
I went through this exact same situation last month. My claim took exactly 3 weeks to get approved, which my case worker told me was typical. The key thing is to keep filing your weekly certifications even while it's pending - you can backdate and get paid for those weeks once approved. Also, make sure you're checking both my.ny.gov and your physical mail, because sometimes they send important documents by mail first. If you haven't heard anything by week 4, that's when I'd recommend calling the DOL hotline. Hang in there, the waiting is stressful but most legitimate claims do get processed eventually.
This is really helpful, thank you! I didn't realize I could backdate the weekly certifications once approved. I've been so worried about missing out on payments for these weeks while waiting. Did you have to provide any additional documentation during your 3-week wait, or did it just process automatically after that time?
@AstroAce thanks for sharing your experience! Quick question - when you say to keep filing weekly certifications while pending, do you file them through the same my.ny.gov portal where you submitted the initial claim? I'm worried about messing something up by filing before getting that first approval letter.
I'm dealing with a similar situation right now - got hit with an overpayment notice for $3,200. From what I've learned, the most important thing is to not ignore it. Even if you end up owing the money, they're much more willing to work with you on payment plans if you're proactive about contacting them. I'd definitely recommend appealing if you think there's any chance the calculation is wrong. The worst case is they uphold the decision, but at least you'll have tried. And yes, they can garnish wages and take tax refunds, but they usually give you a chance to set up a payment plan first if you reach out to them.
This is really helpful advice about being proactive. I'm definitely not going to ignore this notice - that seems like it would just make things worse. Did you end up appealing your overpayment or are you going straight to setting up a payment plan? I'm still trying to decide which route to take since I'm not 100% sure if I reported everything correctly or not.
I just went through this exact situation a few months ago. Here's what I learned: definitely appeal if you have ANY doubt about the calculation being correct. The appeals process bought me time to gather my records and ultimately I was able to prove that some of the work they said I didn't report was actually done BEFORE I started claiming benefits. Even if you don't win the appeal, it gives you more time to prepare financially. In the meantime, start saving what you can for a potential payment plan. NYS DOL was actually pretty reasonable about setting up payments - they let me do $150/month instead of taking a huge chunk from my paycheck all at once. Don't let the stress paralyze you into doing nothing - that's the worst option.
Another thing to be aware of is that NYS Department of Labor also disqualifies people for: 1) Not reporting income from part-time work while collecting benefits 2) Being unavailable due to vacation or personal reasons without notifying them 3) Collecting benefits while actually working (even if it's just a few hours) 4) Not responding to their requests for information within the deadline. I'd recommend keeping detailed records of everything - your job search activities, any income you earn, and all communications with DOL. The documentation requirements can be pretty strict so it's better to over-document than under-document.
This is really helpful info! I had no idea about some of these rules. Quick question - if I do some freelance work while collecting unemployment, do I need to report that income even if it's just like $50 here and there? I don't want to accidentally violate any rules and get disqualified.
Yes, you absolutely need to report ALL income while collecting unemployment benefits, even if it's just $50 here and there from freelance work. NYS Department of Labor requires you to report any earnings during your weekly certification, no matter how small the amount. They'll reduce your benefit payment accordingly, but failing to report it can result in an overpayment that you'll have to pay back plus penalties, and potentially disqualification for fraud. It's always better to be completely transparent with them about any work you do.
I went through a similar situation last year where I quit due to a toxic supervisor. Here's what I learned from the process: NYS DOL will schedule a fact-finding interview with both you and your former employer to determine if you had "good cause" to quit. During this interview, they'll ask for specific examples of the hostile behavior, dates when incidents occurred, and what steps you took to address the situation. The key is showing that the work environment was so unreasonable that any rational person would have quit. Keep all those emails you mentioned - they're crucial evidence. Also, if you filed any complaints with HR or documented conversations with colleagues about the situation, gather those too. Even though you didn't apply for other jobs first, if you can prove the environment was genuinely hostile and affecting your health/wellbeing, you still have a good chance of qualifying. Just be prepared to provide a detailed timeline of events and be completely honest during the interview process.
This is exactly the kind of detailed advice I was hoping for! Thank you so much @Talia Klein. I'm definitely going to start organizing all my documentation now - I have those emails plus some text messages I sent to friends at the time describing what was happening. Should I also try to get written statements from coworkers who witnessed the hostile behavior, or is that something DOL would contact them about directly during their investigation?
Getting written statements from coworkers can be really helpful if they're willing to provide them! NYS DOL might contact them directly during their investigation, but having statements ready shows you're prepared and takes some of the burden off your former colleagues. Just make sure the statements are factual and specific - include dates, what they witnessed, and how the supervisor's behavior affected the workplace. I'd also suggest reaching out to any former coworkers who left because of similar issues with that supervisor, as their experiences could strengthen your case. The text messages to friends are great too since they show you were documenting the situation in real time, not making it up after the fact.
I went through something similar last year! Since you worked after your benefits ended, you should be able to file a new claim. The key thing is whether you earned enough during your brief employment - NY requires you to have earned wages in at least one calendar quarter and meet the minimum earnings threshold. Even though 4 weeks might not seem like much, it could still count toward establishing a new benefit year. I'd recommend filing the new claim ASAP since you're already past the layoff date - don't let more time pass! The online system will walk you through it and determine if you qualify. Keep all your pay stubs from the recent job handy when you apply.
This is really good advice! I'm curious though - do you remember roughly how much you needed to earn during that brief employment to qualify? I'm worried my 4 weeks might not have been enough but want to stay hopeful 🤞
Just wanted to add that even if you don't meet the earnings threshold for a new claim right away, you might still have options! I was in a similar spot and found out that NY sometimes allows you to use a different base period if the standard one doesn't work in your favor. Also, if you're really stuck financially while waiting, look into local food banks and emergency rental assistance programs - many don't require you to be on unemployment to qualify. The waiting period can be really stressful but there are resources out there to help bridge the gap. Good luck with everything!
Layla Mendes
The NYS Department of Labor phone lines are impossible to get through to ask questions like this. I've been trying for days to speak with someone about my specific situation. Has anyone had luck actually reaching an agent recently?
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Lucas Notre-Dame
•I had the same problem until someone told me about Claimyr (claimyr.com). They have this service that helps you get through to NYS Department of Labor agents. I watched their demo video (https://youtu.be/qyftW-mnTNI) and decided to try it when I was stuck in adjudication. Got connected to an agent the same day and finally got my claim resolved. Might be worth checking out if you're having trouble getting through.
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Layla Mendes
•Thanks for the suggestion! I'll definitely look into that. At this point I'm willing to try anything to get some answers about my eligibility.
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Aria Park
just apply and see what happens. worst they can say is no right?
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Miguel Ortiz
•@Paolo Moretti excellent advice about contacting the previous employer! Maya, one more thing to consider - if you do qualify and decide to apply, make sure you report any income from your landscaping business accurately each week when you certify for benefits. Even small amounts of self-employment income need to be reported and could affect your weekly benefit amount. The DOL is pretty strict about this, and unreported income can lead to overpayment issues later. It s'better to be completely transparent about all income sources from the start.
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Anna Stewart
•@Miguel Ortiz great point about income reporting! Maya, I went through a similar situation a couple years ago with mixed employment. One thing that really helped me was creating a simple spreadsheet to track all income sources before I even applied - it made the weekly certification process much smoother. Also, if you do qualify, consider setting aside a small percentage of any landscaping income you continue to earn, just in case there are any calculation errors or overpayments down the line. The DOL can be slow to process appeals if issues arise later.
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