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The bottom line is that it really depends on your medical restrictions and what your doctor says you can do. If you're completely unable to work in any capacity, then no unemployment. But if you have limitations that prevent you from doing your old job while still being able to do other work, you might have a case. You'll need proper medical documentation though - NYS Department of Labor will want to see exactly what your work restrictions are.
@Sofia I'm sorry to hear about your back injury - that sounds really stressful with the potential surgery ahead. From what I understand, the key issue is whether you're considered "able and available" for work. Since you're on workers comp and haven't been cleared by your doctor, you likely won't qualify for regular unemployment benefits right now. However, I'd suggest getting clarity from your doctor about what types of work (if any) you could potentially do with your current restrictions. If there's any possibility of light duty or modified work, that could change your eligibility. Also, look into whether NYS has any disability programs that might bridge the gap while you're recovering. Hang in there!
@Donna exactly - the "able and available" requirement is the key here. @Sofia it might also be worth checking if you qualify for temporary disability benefits through the state while you're waiting to see what your work restrictions will be after potential surgery. I know someone who was in a similar situation and they were able to get some additional support through NY State Disability Insurance while transitioning between workers comp and potentially returning to work. The paperwork can be confusing but it's worth looking into all your options during this difficult time.
ONE YEAR deadline but you lose weeks if you wait!! This is exactly the kind of important info the NYS Department of Labor should make more obvious on their website instead of burying it in FAQ sections.
Just went through this process last month after my retail job ended. Filed my claim on day 3 after losing my job and it went smoothly through the online portal. One tip - make sure you have your employer's federal tax ID number if possible, it speeds up the verification process. Also keep records of your job search activities from day one since you'll need to certify weekly that you're actively looking for work. The whole system becomes routine once you get the hang of it.
I'm currently at week 2 of review and this entire thread has been a goldmine of information! Just wanted to add my experience so far - I also had a severance package and my online status has been stuck on "under review" since I filed. Based on everyone's advice here, I'm planning to call at the 3-week mark to check on assignment status. It's really helpful to know that the "under review" status doesn't actually update when you get assigned to a caseworker - I would have kept waiting indefinitely thinking the system would notify me! One question for those who have been through this: did any of you have to provide additional documentation about your severance, or did your former employer handle all of that? My HR department said they submitted everything but I want to make sure I'm not missing anything that could cause delays. Thanks to everyone for sharing such detailed experiences. Knowing that 4-6 weeks seems to be the normal timeline (especially with severance) is helping me set realistic expectations instead of panicking every day. Will definitely keep certifying weekly and update this thread once I hear something!
Hey @Talia Klein! I'm also pretty new to this whole process (just filed a few weeks ago) but from what I've gathered reading through everyone's experiences here, your former employer should handle submitting all the severance documentation directly to the unemployment office. From what @Sara Unger shared, her agent specifically told her that the employer submitted everything on January 14th and didn't contest the severance payment. It sounds like once your HR department says they've submitted everything, that should cover all the severance-related documentation. I think the key thing is just making sure your former employer responds promptly when the unemployment office reaches out to them. Most of the delays people are describing seem to be on the processing/assignment side rather than missing documentation. Definitely planning to follow the same strategy as you - call at week 3 to check assignment status! This thread has been such a lifesaver for understanding what's normal vs. what might be a red flag. Good luck with your claim!
This thread is incredibly helpful and gives me so much hope! I'm currently in week 3 of review with a severance situation and was starting to really stress about bills. The detailed breakdown of your timeline and the specific office information is exactly what I needed to hear. I had no idea that different offices handle claims or that there were specific area codes to watch for. Almost missed a call from a 607 number last week thinking it was spam - glad I saw this before that happens again! Planning to call this Friday (hitting the 3-week mark) to check if I've been assigned to a caseworker yet. The fact that your employer didn't contest the severance and submitted everything promptly gives me confidence since my former employer has been pretty cooperative too. Thanks for sharing all the specific details and keeping everyone updated. Posts like this make such a difference when you're stuck in the "under review" limbo! Will definitely keep certifying weekly and hopefully can share some good news soon.
Good luck with your call on Friday! That 3-week mark seems to be the sweet spot based on everyone's experiences here. It's crazy how much useful information you can get from just one conversation with an agent - way more than staring at that "under review" status online. I'm really hoping to hear some positive updates from you and others who are calling around that timeframe. It sounds like once you get past the assignment hurdle, things tend to move pretty quickly, especially with cooperative employers like yours. The whole area code thing is such a good catch too - I probably would have ignored those calls thinking they were telemarketers! Definitely going to be watching for those 607/518 numbers when my time comes. Keep us posted on what you find out! These real-time updates from people going through the process are so valuable for understanding what to expect.
For anyone still confused about this - think of it like car insurance. Your employer pays premiums into the unemployment insurance fund based on their risk level (how many people they've laid off), but when you need to make a claim, your payout is based on your own driving record (work history and wages), not what premium your employer paid. The NYS Department of Labor keeps these two things separate - employer contributions fund the system, but your individual benefits are calculated from your personal earnings record.
That's a really helpful analogy! I was getting confused trying to connect the employer tax rate to my potential benefits, but the car insurance comparison makes it click. So basically the employer rate is about funding the pool, and my benefits come from my own work record. Thanks for breaking it down that way!
This is super helpful information everyone! I'm in a similar situation where I'm worried about potential layoffs at my company. One thing I'm curious about - does the size of the employer or the industry they're in affect how much they pay into the unemployment system? Like would a big tech company pay the same rate as a small restaurant? And does that impact how quickly claims get processed or anything like that?
Great question! Yes, employer size and industry definitely affect the rates they pay. Larger companies often have more stable rates because they have more predictable layoff patterns, while smaller businesses might see more variation. Industries with seasonal work (like construction or hospitality) typically pay higher rates than stable industries like healthcare or government. However, the processing speed of your claim shouldn't be affected by what your employer pays - that's more about NYS Department of Labor staffing and system capacity. Your claim gets processed based on when you file and completeness of your application, not your former employer's contribution rate.
CosmicCrusader
Contract work is so unstable, this is exactly why I stick to W2 jobs. At least then you know you're covered for unemployment. Hope it works out for you!
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Norman Fraser
I went through something similar as a contractor last year. The key thing is that since you were paying into UI through your LLC, you should be eligible - that's exactly what those payments are for. I'd recommend filing immediately because even if they do call you back with new work, you can always stop claiming benefits at that point. The NYS Department of Labor application process for contractors can take longer than regular employees since they have to verify your payment history, so don't wait. Also make sure you have documentation of your quarterly UI payments ready when you file - it'll speed up the process.
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Keisha Williams
•This is really helpful advice! I'm new to the contractor world and wasn't sure if the UI payments I've been making would actually count for anything. Good to know that filing right away is the smart move even if there's a chance of getting more work. Did you have any issues with them verifying your contractor status, or was it pretty straightforward once they saw your payment records?
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