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Other qualifying separations include being fired for reasons other than misconduct, layoffs, plant closures, or leaving due to domestic violence. The key is proving you didn't quit without good cause. Your hour reduction sounds like it would qualify but be prepared for them to contact your employer during the investigation.
Will my employer try to fight the claim? I'm worried they'll say I could have stayed with the reduced hours.
I went through this exact situation last year with NYS Department of Labor. A reduction from 40 to 15 hours is definitely substantial enough to qualify as good cause for leaving - that's over a 60% cut in your income! When you file your claim, make sure to select "reduction in hours/wages" as your reason for separation. The department will likely schedule a phone interview to get more details about your situation. Be prepared to explain that the reduced hours made it impossible to meet your basic living expenses and that your employer couldn't provide a timeline for when hours would be restored. I'd also recommend documenting any job search efforts you made while still employed at reduced hours, as this shows you tried to mitigate the situation before leaving.
This is really helpful advice! I didn't realize there was a specific "reduction in hours/wages" option when filing. Should I wait to hear back from the phone interview before starting to look for new work, or can I job search while my claim is being processed? I want to make sure I'm following all the requirements correctly.
Just to add another perspective - I work in HR and have seen this confusion a lot. The key thing to understand is that "furlough" and "standby status" are two different things in NY's system. If your employer just told you verbally they'll call you back, that's typically just a furlough and you need to do work searches. Standby status requires specific paperwork filed by your employer with the Department of Labor stating they expect to recall you within 4 weeks (and can be extended). Without that official filing, the system treats you as any other unemployed person. I'd recommend calling your employer's HR department to ask if they filed standby paperwork - if they did, you should have received notification from NYS DOL about it.
This is really helpful clarification @Beth Ford! I think a lot of people (myself included) don't realize there's a difference between being told "we'll call you back" and actual standby status with paperwork. It sounds like most furloughs are probably the informal kind where you still need to do work searches. @Ravi Kapoor this might explain why the DOL website wasn t'clear - they probably assume most people understand this distinction but it s'not obvious to us regular folks dealing with it for the first time.
I'm dealing with something similar right now - got furloughed from my restaurant job two weeks ago. After reading all these responses, I called my employer to ask about the standby status paperwork that @Beth Ford mentioned. Turns out they had no idea that was even an option! They just assumed telling us "we'll call you back when things pick up" was enough. So now I'm definitely doing my work searches to be safe. It's frustrating because I really do want to go back to my job, but at least now I understand why the system works this way. Thanks everyone for sharing your experiences - this thread has been way more helpful than anything I found on the official NYS DOL website!
@Marina Hendrix that s'exactly what happened to me too! My manager just said we "ll'bring everyone back when business improves but" never mentioned any official paperwork. It s'crazy how many employers don t'know about the standby status option - seems like it could save everyone a lot of confusion. I ended up calling the DOL directly took (forever to get through and) they confirmed that without the standby filing, I had to do the work searches. At least now we both know for sure! Good luck with your job search and hopefully we both get called back soon.
Bottom line - you pay back unemployment if NYS Department of Labor says you weren't entitled to specific payments you already received. Getting a new job just means you stop collecting going forward. The key is being totally honest on your weekly certifications about any work or earnings.
Thanks everyone for clarifying this! I was getting really stressed thinking I'd have to pay everything back just for getting a job. So to confirm - as long as I report my part-time earnings accurately on my weekly certification, NYS Department of Labor will just adjust my benefit amount accordingly? And I only risk having to pay money back if I don't report income or if there's some other eligibility issue they discover later? This is such a relief because that part-time job would really help me transition back to full-time work eventually.
Exactly right! You've got it - report your part-time earnings honestly on your weekly certification and NYS DOL will just reduce your benefit amount based on their earnings formula. You won't owe anything back as long as you're truthful about your income. The part-time work is actually a great way to transition back into the workforce while still getting some unemployment support. Just make sure to keep track of your hours and wages so you can report them accurately each week.
If your small restaurant employer isn't responding to calls, you might also try checking if they have a business license posted somewhere visible - sometimes the FEIN is listed there. Another option is to look at any old paystubs you might have saved, as some employers include it. If all else fails, you can also try searching for the business on the IRS's online EIN database or contact the NYS Department of Labor's employer services division - they might be able to help you locate the FEIN using the business name and address.
That's really helpful advice! I didn't know about the IRS EIN database - is that something anyone can search online? And do you know if there's a specific number to call for the NYS Department of Labor employer services division? I'm dealing with a similar situation where my former employer just isn't getting back to me.
Harold Oh
UPDATE: I finally got through to someone on the phone! The agent confirmed that my certification DID go through on their end, even though the website wasn't showing it correctly. She said they're aware of the display issue affecting some accounts and are working to fix it. My payment should process normally despite the website glitch. Such a relief! Thanks everyone for your help and suggestions.
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Amun-Ra Azra
•That's great news! Glad you got it resolved. This is a good reminder for everyone to keep documentation (like your screenshot) of completed certifications just in case.
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Edward McBride
•Glad it worked out but SO ANNOYING we have to deal with this!! They need to FIX THEIR SYSTEM instead of making us waste hours calling them!
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Oliver Fischer
So glad you got this resolved @Harold Oh! I've been following this thread because I'm dealing with something similar right now. My certification from Sunday isn't showing up either and I was starting to panic. Your experience gives me hope that it's just a display issue and not actually lost in the system. I'm going to try calling tomorrow morning armed with all the advice from this thread. Thanks to everyone who shared their experiences - this community is such a lifesaver when dealing with these system glitches!
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