New York Unemployment

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wait so if I quit can I still file weekly claims while they're deciding? or do I have to wait until the adjudication is over? this is so confusing

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You can file your initial claim and continue filing weekly certifications during the adjudication process, but you won't receive any payments until they make a decision. If they approve your claim, you'll get backpay for those weeks. If they deny it, you won't get anything. So definitely file right away to preserve your claim date - just don't count on the money until the decision comes through.

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I'm going through something similar right now and wanted to share what I learned from speaking with a NYS Department of Labor rep last week. They emphasized that "constructive discharge" is what you're looking for - basically when working conditions become so intolerable that a reasonable person would feel compelled to quit. But here's the catch: you MUST attempt to resolve the issue through internal channels first (HR, management, etc.) and document their response (or lack thereof). They also mentioned that timing matters - if you wait too long after the hostile incidents to quit, it can hurt your case. I'd recommend keeping a detailed log of every incident with dates, times, witnesses, and any steps you took to address it. Also consider filing a complaint with the NY State Division of Human Rights if the hostility is based on protected characteristics - having that on record can strengthen your unemployment claim.

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This is really helpful info about constructive discharge - thank you! The timing aspect is something I hadn't considered. How long is "too long" in their eyes? My situation has been getting progressively worse over the past few months, but the really bad incidents have been more recent. Should I be documenting every single interaction or just the major hostile incidents?

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Check your my.ny.gov account under payment history. Sometimes it shows the card delivery status there. Also make sure you didn't accidentally throw it away - the envelope looks like junk mail and the card itself is pretty thin.

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Good point about checking the payment history! I'll log in and see if there's any tracking info there.

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I went through the same thing last month - waited almost 4 weeks for my card! Turns out the postal service had a delay in my area. What finally worked for me was calling KeyBank early in the morning (like 8 AM sharp) when their lines weren't as busy. They were able to confirm my address and expedite a replacement card. Also, definitely check with your post office to see if they're holding any mail for you - sometimes they hold cards if the delivery person couldn't access your mailbox or if your address wasn't clear.

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Thanks for the tip about calling at 8 AM! I've been trying to call during lunch breaks and afternoons but always get busy signals. I'll definitely try first thing in the morning tomorrow. Also good idea about checking with the post office - I hadn't thought of that. Did they charge you anything for the expedited replacement card?

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@Astrid Bergström No, they didn t'charge me for the expedited replacement - that was a relief! KeyBank covers the cost for the first replacement card. Just make sure to emphasize that it never arrived rather than saying you lost it, since lost cards might have different policies. The expedited one came within 3-4 business days. Hope this helps!

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I'm in a really similar situation right now - just got told by my doctor that I need to take extended leave for mental health reasons and I was panicking about how I'd pay my bills. Reading through everyone's experiences here has been such a relief! I had no idea that NY State Disability Benefits was even an option. I was getting so frustrated trying to figure out the unemployment "able and available" requirement when I clearly can't work right now. It sounds like the wcb.ny.gov online application is definitely the way to go based on what everyone's shared. I'm going to call my doctor tomorrow to make sure they understand what forms they'll need to fill out. Thank you all so much for sharing your stories - it's really comforting to know that other people have gotten through this process successfully. Sometimes you just need to hear that there's actually help available when you're dealing with health issues!

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@Nia Watson I m'so glad this thread has been helpful for you! Mental health conditions absolutely qualify for NY State Disability Benefits, so don t'let anyone make you feel like your situation isn t'medical "enough. I" went through something similar a few months ago with severe depression and anxiety. One tip I d'add - when you talk to your doctor tomorrow, ask them to be really specific about your functional limitations like (unable "to concentrate for extended periods or" unable "to maintain consistent work schedule rather") than just listing the diagnosis. The more detailed they are about how your condition affects your ability to work, the smoother your application process will likely be. Also, don t'forget to keep copies of everything you submit! Wishing you all the best with your recovery and getting the financial support you need during this time.

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I'm going through almost the exact same thing right now! My rheumatologist just told me I need to stop working due to a lupus flare that's been getting progressively worse. I was so confused about the unemployment requirements too - kept reading about being "able and available" and thinking there was no way I'd qualify when I literally can't work right now. This whole thread has been incredibly eye-opening about NY State Disability Benefits through the Workers' Compensation Board. I had no idea this program even existed! It's such a relief to hear from so many people who've actually been approved and received benefits. I'm definitely going to apply through wcb.ny.gov based on everyone's recommendations here. Thank you all for sharing your experiences - it's made me feel so much less alone in dealing with this situation. Sometimes when you're dealing with a chronic illness, it feels like the system isn't set up to help you, but knowing there are actual resources available makes such a difference!

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Don't forget you still need to do your job search activities even if you're working part-time. NYS Department of Labor requires three job contacts per week unless you're exempt.

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I'm in a similar situation and just want to confirm - so the $504 weekly earnings limit that everyone is mentioning, that's the total amount you can earn before ANY deduction happens? So if I make $500 in a week, I still get my full unemployment benefit amount, but if I make $510, then $6 gets deducted from my weekly benefit? Also, does this apply to 1099 contractor work or just W-2 employment?

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Yes, exactly! The $504 is the threshold where ANY deduction starts. So at $500 you get your full UI benefit, but at $510 you'd lose $6 from your weekly benefit amount. And this applies to ALL types of work income - W-2, 1099, cash jobs, tips, everything. NYS Department of Labor doesn't distinguish between employment types when it comes to the earnings limit. Just make sure to report the gross amount before any taxes or deductions when you file your weekly claim.

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Adding to what others have said - one thing that caught me off guard was that the exemptions can change if your business grows. For example, if you start as a family business employing only relatives but later hire outside employees, you might lose that exemption status. Also, some exemptions have annual wage thresholds that reset each year, so you need to monitor your payroll carefully. I'd recommend keeping detailed records from day one and maybe consulting with a payroll specialist who knows NYS Department of Labor requirements inside and out. It's one of those areas where being proactive can save you major headaches down the road.

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This is really helpful advice about monitoring changes in exemption status! I hadn't thought about how hiring non-family members later could affect my current exemption. Do you know if there's a grace period when you transition from exempt to non-exempt status, or do you have to register immediately once you cross that threshold?

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As someone who just went through the registration process, I can tell you that you typically need to register within 30 days of meeting the liability requirements - there's no grace period once you cross the threshold. The NYS Department of Labor is pretty strict about this timeline. I'd recommend setting up a quarterly review of your payroll to track when you might hit those thresholds (like the $300 per quarter per employee rule). That way you can register proactively rather than scrambling after the fact. Also, even if you think you qualify for an exemption, it's often safer to register anyway since the penalties for late registration are much worse than just paying the taxes from the start.

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That 30-day registration timeline is crucial info - thanks for sharing! I'm curious though, when you registered did you find the NYS Department of Labor online portal user-friendly, or did you end up having to call them? I've heard mixed reviews about their digital systems and want to know what to expect when I need to register my business.

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