


Ask the community...
Yeah this happened to my brother too! He hurt his shoulder at his job and couldn't do heavy lifting anymore but his company just laid him off instead of finding him different work. He ended up getting unemployment but had to prove he was looking for office jobs and stuff he could actually do with his injury. Took forever to get approved though.
I went through something similar when I had surgery and couldn't return to my retail job that required standing for long periods. The key thing NYS Department of Labor looks at is whether you're "able and available" for SOME type of work, not necessarily your previous job. Since your doctor cleared you for non-physical work, you should be able to qualify. When you file, be honest about your restrictions but emphasize what you CAN do. Document your job search efforts for positions that fit your medical limitations - remote work, desk jobs, customer service roles, etc. Also definitely look into workers compensation since this was a workplace injury. You might be eligible for both depending on timing and circumstances. The approval process can take a while when there are medical restrictions involved, so file as soon as possible.
This is really helpful advice, thank you! I hadn't thought about emphasizing what I CAN do rather than focusing on my restrictions. You're right that I should definitely pursue workers comp too since this was a workplace injury. Do you know if there's a time limit for filing workers comp claims? I'm worried I might have waited too long already since it's been about a month since the injury.
This thread has been so helpful! I'm in a similar situation where my hours at a retail store got cut from 32 to about 15 hours per week. Reading about the 25% earnings deduction formula really clarifies things - I was worried that working any hours would completely cancel out unemployment benefits. It sounds like it's definitely worth applying since I'm working less than 4 days now. One question though - if my schedule is inconsistent week to week (sometimes 12 hours, sometimes 20), do I just report whatever I actually earned that specific week when I file my weekly claim? And does anyone know if there's a minimum number of hours you need to have worked before the reduction to qualify for partial benefits?
Yes, you just report your actual earnings for each specific week when you file your weekly certification - the system is designed to handle variable schedules like yours. For eligibility, you generally need to have worked enough to establish a base period (usually the first 4 of the last 5 quarters), but there's no specific minimum hours requirement before the reduction. Since you went from 32 to 15 hours, you should definitely qualify. The key is that you're working less than your normal schedule due to lack of work, not by choice. Make sure to keep detailed records of your pay stubs since your hours vary so much week to week!
One thing I haven't seen mentioned yet is the waiting week requirement. In NY, you typically have to serve one unpaid waiting week before benefits start, but this applies to partial unemployment too. So even if you get approved quickly, your first week of benefits will be unpaid. Also, make sure you file your claim as soon as your hours get reduced - you can't backdate partial unemployment claims like you sometimes can with regular unemployment. I learned this the hard way when I waited a month thinking my hours might go back up. Lost out on several weeks of potential benefits because I didn't file right away when the reduction happened.
This is really important information about the waiting week and filing timing! I had no idea you couldn't backdate partial claims - that seems like something they should make more obvious on the website. So if I understand correctly, even though my hours were cut a couple weeks ago, I should file immediately rather than waiting to see if things improve? And just to clarify - during that unpaid waiting week, do I still need to file the weekly certification even though I won't get paid for it?
Good luck with your move! Buffalo is a nice city. At least unemployment stuff is one less thing to worry about during a relocation.
I went through something similar when I had to move from Syracuse to Long Island for family reasons while collecting unemployment. The process was actually pretty straightforward - you just need to update your address in the online system and make sure you're still actively job searching in your new area. One thing to keep in mind is that Buffalo might have different job opportunities than Rochester, so you'll want to familiarize yourself with the local job market before you move. Also, make sure all your contact information is current because sometimes they send important notices by mail. The move itself won't disrupt your benefits as long as you stay in New York and keep meeting all the requirements!
That's really helpful to know from someone who's actually done it! I hadn't thought about researching the Buffalo job market beforehand - that's a great tip. Did you find the job opportunities were pretty different between Syracuse and Long Island? I'm curious if certain industries are stronger in different parts of the state since I work in manufacturing.
Email your state senator AND your assembly person. I'm serious. I tried EVERYTHING to get through for 2 months. Called hundreds of times. Finally emailed my senator's office with my claim info and they had someone from DOL call me within 4 days.
I feel your pain - been in the exact same situation. After weeks of failed attempts, I finally got through using a combination of strategies. First, try calling at 7:58am sharp (not 8am) - the queue opens early. Second, if you have access to multiple phones, use them all to call simultaneously and take whichever one gets through first. Third, don't give up after the first "high call volume" message - immediately hang up and redial. I had to do this 50+ times one morning but finally got in the queue. Also try the Spanish line trick someone mentioned - press 2 for Spanish, then explain in English when you get through. The wait times are much shorter. Last resort: contact your local assembly member's office. They have direct lines to DOL and can often get your case escalated within days instead of months. Hang in there!
This is such a comprehensive list of strategies! I'm definitely going to try the 7:58am timing and multiple phones approach. Never thought about using several phones at once - that's actually brilliant. The Spanish line trick seems to be working for multiple people here so I'll give that a shot too. Really appreciate you mentioning the assembly member option as a backup plan. It's crazy that we have to resort to all these workarounds just to access benefits we're entitled to, but at least there are ways to beat the system. Thanks for taking the time to share all these tips! 🙏
TillyCombatwarrior
Just wanted to add - when you're filling out the backdating request, make sure you have your termination documentation ready (like your final paycheck stub or separation notice). I backdated mine to my last day of work too, and having that paperwork made the process smoother. Also, don't worry too much about the exact wording for why you filed late - "personal circumstances following job loss" or "unfamiliarity with the filing process" are both totally valid. The unemployment office knows people don't always file immediately, especially when dealing with the shock of losing a job. You've got this! 💪
0 coins
Yara Sayegh
•This is super helpful advice! I didn't even think about having my termination paperwork ready. I have my final pay stub and the separation notice from HR, so I'll make sure to have those on hand when I submit everything. It's such a relief to hear from people who've actually been through this process successfully. The whole thing felt so overwhelming at first, but reading everyone's experiences here makes it seem much more manageable. Thanks for taking the time to share what worked for you!
0 coins
Isaac Wright
I'm in a similar boat - lost my job in November but just getting around to filing now. Reading through everyone's experiences here is really helpful! It sounds like being honest about the circumstances is the way to go. I was worried they'd be super strict about late filing, but it seems like they're pretty understanding when you explain the situation. Thanks to everyone who shared their stories - it's making this whole process feel less intimidating! 🙂
0 coins