New York Unemployment

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Ask the community...

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This is such a basic question but the NYS Department of Labor makes everything so confusing! Why can't they just say 'most recent job title' instead of 'main occupation'?? The whole system is designed to trip people up I swear.

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I know right! Everything about filing unemployment is unnecessarily complicated.

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The terminology can definitely be confusing, but once you understand what they're looking for it gets easier to navigate the system.

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Just went through this same process last month! Definitely use "retail supervisor" since that was your most recent position. The NYS Department of Labor uses this mainly to categorize your claim and for their records. Your food service experience will still be valuable and you can include all of that work history in the employment section. The key is being consistent throughout your application - whatever you put as your main occupation should match what you list as your last job. Good luck with your claim!

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Thanks for sharing your recent experience! That's really helpful to know about being consistent throughout the application. I hadn't thought about making sure the main occupation matches what I put as my last job - that's a great point that could definitely save me from confusion later.

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This has been such a valuable thread! As someone who's been collecting NY unemployment for about 6 months now, I can confirm what everyone is saying - short trips are absolutely fine. I've traveled to visit family in Pennsylvania, North Carolina, and even took a week-long vacation in Miami, and never had any issues as long as I kept up with my work search requirements and was ready to come back if needed. The key thing I learned early on is that the "residence" question is really asking about your permanent living situation, not temporary travel. I always certify online from wherever I am and answer honestly about my permanent address remaining the same. It's great to see Mason's update that everything worked out perfectly - that's exactly what should happen when you handle it correctly!

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This is exactly the kind of reassurance I needed to hear! I'm still pretty new to all this and have been so anxious about doing anything that might jeopardize my benefits. It's really helpful to hear from someone with 6 months of experience that you've traveled multiple times without issues. I have a cousin's wedding in Boston coming up and was worried about even a one-night trip, but now I feel much more confident. Thanks for sharing your experience and confirming what everyone else has been saying about the residence question being about permanent moves, not temporary travel!

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I went through this exact same situation last month when I visited my parents in Florida for a few days! I was so nervous about messing up my certification, but everything worked out fine. Like everyone else has said, the key is understanding that they're asking about permanent residence changes, not temporary travel. I certified online from Florida, answered 'no' to the residence question since I hadn't moved, and my benefits continued normally. The most important thing is making sure you can still do your work search activities and would be able to return quickly if you got a job opportunity. It's such a relief to see Mason's update confirming everything went smoothly - this is exactly how it should work when you handle it correctly!

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Good luck with everything! The transition from workers comp back to job searching can be stressful but at least you have the settlement to help while you look for work.

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I went through something similar about 6 months ago with a knee injury workers comp case. The most important thing is having that medical clearance documentation ready - NYS Department of Labor will definitely want to see that you're physically able to work. Also, when you file online, there's a specific section about workers comp benefits where you'll need to be upfront about the settlement. They mainly care about whether any part of the settlement covers future wage loss (which it sounds like yours doesn't). The whole process took about 3 weeks for me to get approved. Make sure you start your work search activities right away since they'll ask for proof of job hunting efforts. Best of luck!

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This is really helpful, thank you! I'm glad to hear the process went smoothly for you. I've already started looking at job postings online and have a few applications ready to submit. It's good to know that 3 weeks is a reasonable timeframe to expect. I was worried it might take much longer given that workers comp was involved. Did you have to provide any specific documentation about your settlement beyond just mentioning it in the application?

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@Savannah Vin They didn t'ask for the actual settlement paperwork during my application, but I did keep copies ready just in case. They were more focused on the medical clearance and making sure I understood the work search requirements. Since you re'already preparing job applications, you should be in good shape! The key is being proactive with documenting your job search efforts from day one.

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I'm a teacher aide in a similar situation and have been researching this extensively. One thing that might help is understanding that NYS Labor Law Section 590.11 specifically addresses school employees. The "reasonable assurance" determination isn't just about whether you'll probably be rehired - it has to be based on written or documented assurance from your employer. If you only have verbal promises or assumptions, that may not meet the legal standard. I'd recommend requesting written confirmation from your district about your employment status for next year. If they can't or won't provide it, that strengthens your case that you don't have reasonable assurance. Also, keep in mind that even substitute teacher aides can sometimes get benefits between terms if they don't have that documented assurance of continuing work.

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@Freya Christensen This is really useful information about the specific labor law! I didn t'know about Section 590.11. When you mention requesting written confirmation from the district, do you think it s'better to do that before filing for unemployment, or should I file first and then use their response or (lack of response as) documentation? I m'worried that if I ask directly, they might just give me a generic letter saying I ll'likely "be" rehired, which could hurt my case. Also, has anyone actually successfully used the argument that verbal assurances don t'meet the reasonable assurance standard? I d'love to hear if this approach has worked for other teacher aides in practice.

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I went through this exact situation two years ago as a teacher aide in upstate NY. Here's what I learned: the key is timing and documentation. I filed my claim the day after my last day of work in June, even though my supervisor told me the same thing about "reasonable assurance." The NYS Department of Labor initially approved my claim because I didn't have a signed contract - just verbal promises. I collected benefits for about 6 weeks before getting my contract in late July. Once I had the written contract, I reported it and my benefits stopped, but I didn't have to pay anything back because I was honest about my situation when it changed. The important thing is to file immediately and be completely transparent about your employment situation. Don't let your supervisor's interpretation stop you from applying - let NYS Department of Labor make the official determination based on your specific circumstances.

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@AstroAlpha This is exactly the kind of real-world experience I was hoping to hear about! Your timeline is really helpful - it sounds like you were able to collect for those 6 weeks legitimately because you truly didn't have written assurance at the time you filed. I'm in a similar boat where I only have verbal promises from my principal. One question: when you reported getting your contract in late July, was that process straightforward through the online system, or did you have to call? I want to make sure I handle everything properly if I follow the same approach. Also, did NYS Department of Labor give you any specific guidance about what constitutes "reasonable assurance" when you first filed, or did they just approve you based on not having a written contract at that point?

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I went through something similar about 6 months ago! The key thing is that you were ready and willing to work those two weeks, but your employer chose to end it early. That makes it their decision, not yours. When I filed, I explained it exactly like that - gave notice with intention to work through it, but was told to leave immediately. Got approved without any issues. Just be clear about the timeline when you file and you should be fine. Good luck!

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That's really encouraging to hear! I was so worried they'd just see it as me quitting and deny everything. Did you have to provide any documentation when you filed, like emails showing you gave notice or anything like that? I have the text I sent my manager but wasn't sure if I'd need to submit that right away or just keep it in case they ask later.

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I didn't need to submit documentation when I first filed, but I definitely kept everything just in case - emails, texts, whatever showed the timeline of giving notice and being told to leave. They didn't ask for it during the initial review, but it's smart to have it ready. The unemployment office mainly wants to understand the sequence of events, so as long as you're clear about what happened when, you should be good. Keep those texts though, better to have them and not need them than the other way around!

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This exact situation happened to me about a year ago and I was so stressed about it! But don't worry - you're definitely eligible for benefits. NYS Department of Labor sees this as a discharge since you were willing to work but they chose to terminate you early. When I filed, I made sure to clearly state that I provided two weeks notice with the intention to work through it, but was told to leave immediately. The claim was approved without any problems. Just stick to the facts about the timeline and you'll be fine. The important thing is you were ready and willing to continue working those final two weeks.

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Thanks Connor, this is really helpful to hear from someone who went through the exact same thing! I'm feeling much more confident about filing now. Did you end up having to do a phone interview or anything, or was it pretty straightforward once you submitted the application? I'm just trying to prepare myself for what might come next in the process.

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@Connor O'Neill For me it was pretty straightforward - no phone interview needed. I just filled out the online application being very clear about the timeline (gave notice on X date, was told to leave immediately on Y date) and it got approved within a few weeks. The key is just being honest and detailed about what happened. If they do need more info they'll reach out, but in most cases like this where it's clearly a discharge situation, it goes through without issues. You've got this!

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