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The hour reduction alone might qualify you. When they cut you from full-time to part-time like that, it can be considered constructive dismissal. Make sure you have your old schedule in writing and the new one too. NYS Department of Labor takes substantial changes in working conditions seriously during their review process.
Good point about the schedule documentation. I should screenshot my current schedule and get a copy of my original job offer that showed 40 hours.
Connor, I went through something similar a few months ago. The key thing is to establish a clear timeline of events and show that you made reasonable efforts to address the issues before quitting. For the verbal abuse, try to get witness statements from coworkers if possible. For the hour reduction, that 62% cut (40 to 15 hours) is definitely substantial enough to potentially qualify as constructive dismissal. Before you quit, I'd recommend filing a complaint with HR in writing (even if it's just an email) so you have documentation that you tried to resolve things internally first. The NYS DOL adjudicator will want to see that you didn't just walk out without attempting to fix the situation. Also keep a detailed log of every hostile incident with dates, times, and any witnesses present.
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Great advice from everyone here! I just wanted to add that when you file your new claim, you might also want to consider the timing strategically. Since you're doing Uber Eats part-time, try to plan your delivery schedule around your weekly certification days if possible. For example, if you certify on Sundays, you could potentially do most of your Uber work on Friday-Sunday and then focus on job searching Monday-Thursday. This way you're maximizing your unemployment benefits while still earning some income. Also, don't forget that you're still required to do job search activities even while working part-time gig work. Keep track of your applications and interviews because they may ask for that information during certification too. Good luck with your claim! The fact that you're asking these questions upfront shows you're being responsible about following the rules correctly.
This is really smart strategic thinking! I hadn't considered timing my Uber work around certification days. That Friday-Sunday schedule idea could really help maximize benefits while still bringing in some income. And thanks for the reminder about job search requirements - I definitely don't want to forget that part. This whole thread has been so educational for someone new to navigating unemployment with gig work!
Just want to echo what everyone's saying about being completely honest with your reporting! I did DoorDash while on unemployment for about 6 months last year and it worked out fine as long as I was accurate with everything. One thing I learned the hard way - when you're doing deliveries, NY considers you "self-employed" for that work, so make sure you answer the self-employment question correctly during weekly certification. They ask if you worked for yourself or did any freelance/contract work, and Uber Eats definitely counts. Also, save all your weekly earnings statements from Uber because if they ever audit your claim (which they do randomly), you'll need to provide documentation. The Uber app lets you download these pretty easily. The combination of partial unemployment + gig work really helped me stay afloat while job hunting. Just be patient with the system and keep detailed records of everything!
@Zainab Ahmed This is so reassuring to hear from someone who successfully did this for 6 months! I m'definitely going to be extra careful about that self-employment question - thanks for that crucial detail. Quick question about the audit process - roughly how long after you started claiming did they audit you, and was it just a matter of providing those weekly statements or did they ask for other documentation too? I want to make sure I m'keeping everything they might need. Also, did you find that doing gig work actually helped or hurt your job search? I m'worried potential employers might think I m'not serious about finding full-time work if they see I m'doing deliveries, but I really need the income to survive while looking.
@Zainab Ahmed Thank you for sharing your experience! The self-employment question tip is incredibly valuable - I never would have thought of Uber Eats as self-employment but you re'absolutely right about the independent contractor status. I m'wondering about the timing of when you worked vs when you certified. Did you find it made a difference if you clustered your DoorDash hours on certain days of the week? I m'trying to figure out the best strategy to balance earning decent delivery income while maximizing my partial unemployment benefits. Also, when they audited your claim, was it just a random selection or was there something that triggered it? I want to make sure I m'not inadvertently doing anything that might flag my account for extra scrutiny. Really appreciate you taking the time to share these practical insights - it s'exactly what someone like me needs to hear when navigating this for the first time!
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This is happening to way too many people! I just discovered someone filed using my info back in November when I got a 1099-G form for benefits I never received. Filed all the fraud reports but haven't heard anything back yet. It's reassuring to know they at least have a dedicated team working on it now, even if it's taking forever. Has anyone had success getting the fraudulent 1099 corrected with the IRS while the unemployment investigation is still pending? I'm worried about tax season coming up.
I'm dealing with the exact same 1099-G issue! Got one in the mail last week for $8,000 in benefits I never received. Called the IRS and they said to file Form 14039 (Identity Theft Affidavit) and attach a statement explaining the fraudulent unemployment claim. They'll put a freeze on your account while you sort it out with NY unemployment. Don't ignore it though - if you don't report it to the IRS they'll expect you to pay taxes on money you never got! The whole situation is such a mess but at least the IRS seems more responsive than NY unemployment.
This is so frustrating but at least there's finally some movement! I've been dealing with the same thing since September when I got a weird letter about benefit payments I never applied for. Filed police reports, contacted the fraud hotline multiple times, and got absolutely nowhere for months. It's crazy that they're dealing with thousands of these cases but couldn't at least send out an automated email letting people know they're aware of the issue and working on it. The lack of communication has been the worst part - you start wondering if your reports even made it into their system. Thanks for sharing this update, it gives me hope that maybe my case will actually get looked at eventually!
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I'm going through a similar appeal process right now - got denied 3 weeks ago for "voluntary quit" even though I was actually terminated. From what I've been reading here and on other forums, the 4-8 week timeline seems pretty accurate for getting a hearing scheduled. One thing that's been really helpful for me is keeping detailed records of every interaction with NYS DOL, including dates I filed weekly claims and any correspondence. Also make sure to check your online account regularly because sometimes they update hearing dates there before sending mail notifications. The waiting is definitely stressful but it sounds like you have good documentation which should work in your favor.
@Andre Rousseau That s'great advice about checking the online account regularly! I didn t'know they sometimes post hearing dates there first before mailing. I ve'been so focused on waiting for mail that I haven t'been checking online as much as I should. How often do you check your account? And did you end up getting a hearing date yet for your voluntary "quit case?"
I went through this exact same situation last year - got denied for "misconduct" when I was actually laid off during company restructuring. The appeal process took about 9 weeks total for me. Here's what I learned: 1) Definitely keep filing your weekly claims like others mentioned - you'll get backpay if you win, 2) The hearing was actually pretty straightforward - they mostly just wanted to hear my side and review the documentation I submitted, 3) Having that termination letter and severance paperwork should really help your case since it clearly shows layoff vs misconduct. The waiting is absolutely brutal financially, but hang in there. In the meantime, you might want to look into local food banks or emergency assistance programs to help with bills while you wait. Your case sounds strong with the documentation you have.
Dylan Campbell
Florida definitely participates in the Interstate Benefit Payment Plan! I went through this exact process when I moved from NY to Tampa last year. The key is calling NYS Department of Labor's interstate unit directly at (518) 457-2635 - they handle all out-of-state transfers. You'll need to file a change of address with NY and register with Florida's CONNECT system for job search compliance. Start this process at least 2-3 weeks before your move to avoid any payment delays. Your $420 weekly benefit amount should continue unchanged since NY remains your paying state.
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Lena Kowalski
•This is super helpful! @Dylan Campbell Thank you for sharing that direct phone number - that s'exactly what I needed. I m'going to call them tomorrow morning to get the process started. Did you have to provide any specific documentation when you filed the change of address with NY? And how long did it take for Florida s'CONNECT system to approve your registration?
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Zoey Bianchi
@Ava Garcia I went through this exact situation when I moved from NY to Arizona while on unemployment! The Interstate Benefit Payment Plan is definitely the way to go. One tip that really helped me - download and fill out form IA 5.3 from the NYS DOL website before you call. Having all your info ready (new address, move date, etc.) made the phone call so much smoother. Also, once you get to Florida, register with their CareerSource system within your first week there - they're pretty strict about the job search requirements and you don't want any compliance issues that could interrupt your payments. The whole process took about 10 days for me, but I started it 3 weeks before moving which gave plenty of buffer time. Good luck with your move!
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Chloe Anderson
•@Zoey Bianchi This is incredibly detailed and helpful - thank you so much! I had no idea about form IA 5.3, that s'going to save me a lot of time on the phone call. Quick question about the CareerSource registration in Florida - did you need any specific documents from NYS DOL to complete that registration, or was it pretty straightforward? Also, during those 10 days while everything was processing, were you able to continue certifying through the NY system as usual? I m'just trying to make sure I understand the timeline and don t'accidentally miss any certifications during the transition.
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