New York Unemployment

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thanks for asking this, I was wondering the same thing

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I work as a benefits counselor and want to clarify a few things here. While the one-year rule is generally true, New York has some specific provisions you should know about. First, if you can show "good cause" for the delay in filing (like serious illness, family emergency, etc.), they may waive the time limit. Second, any W-2 employment - even just a day or two - can potentially establish a new base period and reset your eligibility window. The gig work you mentioned could count if you received W-2s rather than 1099s. I'd strongly recommend going to your local Department of Labor office in person rather than just calling - they're often more helpful face-to-face. Bring any documentation of work you did after January 2024, even if it was minimal. Don't let anyone discourage you from trying - I've seen people get approved in situations that seemed hopeless.

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Thank you so much for this detailed explanation! This gives me hope. I do have some W-2s from a few temp jobs I did in the spring and summer of 2024. Should I gather all of those before going to the local office? Also, do you know if having a gap in employment affects the "good cause" determination, or is it more about why you didn't file initially?

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Don't stress about it too much. Most employers are pretty straightforward with these forms since they know NYS Department of Labor will investigate if there are discrepancies. Just make sure you have your facts straight about your last day and reason for leaving.

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I went through this same situation last year when I got laid off from my marketing job. The NYS Department of Labor form they send to employers is pretty straightforward - it's called a Notice of Unemployment Insurance Claim (Form IA 12.3). Your employer will need to provide your dates of employment, weekly wages, and the reason you separated from employment. Since you mentioned it was due to budget cuts, that should be classified as a "lack of work" separation which generally doesn't disqualify you from benefits. The whole process is routine for HR departments, so try not to worry too much about creating drama.

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That's really helpful Vincent! I didn't know there was a specific form number. Since you went through this recently, how long did it take for your former employer to respond? I'm hoping to get my benefits started as soon as possible since I'm already stressed about making rent next month.

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I'm going through something similar right now - got the fraud investigation letter 3 weeks ago and haven't heard anything since. The anxiety is killing me because like you, I know I did everything right and have all my paperwork. From what I'm reading here it sounds like the timeline really varies but most people seem to get cleared if they have proper documentation. Have you tried submitting any additional proof proactively, or are you just waiting for them to ask for specific documents?

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I'm in the exact same boat - got my letter about 2 weeks ago and the waiting is absolutely brutal. I decided to be proactive and sent them copies of all my job applications, bank statements, and employment termination letter even though they didn't specifically ask yet. Figure it can't hurt and might speed things up. The uncertainty is the worst part - not knowing if this will take 4 weeks or 4 months makes it impossible to plan anything. Stay strong, sounds like most people here who had proper documentation eventually got cleared.

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I went through a fraud investigation last year that took about 7 weeks to resolve. The key thing that helped me was keeping a detailed log of every interaction - date, time, who I spoke with, and what they told me. I also recommend sending everything certified mail so you have proof of delivery. One thing that surprised me was that they eventually called my previous employer directly, so make sure any former bosses know they might get contacted. The whole process is stressful but if you truly reported everything correctly, you should be fine. Just be prepared for it to take longer than you'd hope.

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That's really helpful advice about keeping a detailed log - I wish I had started doing that from day one. The certified mail tip is smart too. Did your employer give you a heads up when NYS Department of Labor contacted them, or did you find out some other way? I'm worried my former boss might not respond quickly since we didn't part on the best terms, even though I was legitimately laid off due to budget cuts.

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Quick question - are you talking about a phone interview or an in-person appointment? Because phone interviews for adjudication get scheduled automatically and you'll get a call, but if it's something else like a job search seminar those might be different.

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They didn't specify which type, just said I needed an appointment for my claim review. How can I find out what kind of appointment it is?

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Check your initial notice or any paperwork they gave you - it should mention what type of review it is. If you can't find that info, when you do get through to someone (maybe try the Claimyr service Mae mentioned), ask them specifically what kind of appointment you're waiting for. That way you'll know if it's a phone interview they'll schedule automatically or something you might need to take action on.

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I went through something similar a few months ago. While you're waiting for the appointment letter, make sure to keep certifying for benefits and document everything - save screenshots of any messages you see about the review, keep records of when you called, etc. Also check both your online account messages AND your physical mailbox daily. Sometimes the appointment notices come through regular mail even if everything else is electronic. The worst thing that happened to me was missing the appointment because I didn't realize it was scheduled, so stay vigilant about checking both!

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something similar happened to my cousin but it was different because she worked in retail and got fired for something completely different but anyway she ended up getting her benefits after like 2 months so you should be fine probably

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Ruby, I went through something similar last year. The key thing to remember is that gross misconduct has to be willful and serious - not just a one-time lapse in judgment during a stressful situation with a difficult customer. When you file your claim, make sure to explain the full context of what happened, including how the customer was behaving aggressively toward you. The adjudicator will consider whether your response was proportional to the situation. Even if your language was inappropriate, that alone might not rise to the level of gross misconduct if it was an isolated incident and you were being provoked. Document everything you can remember about the incident and any witnesses who saw the customer's behavior. You've got a good chance of getting your benefits approved.

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