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Just went through this process myself! NY does backdate to your last day of work BUT only if you can prove when you lost your job and have a valid reason for the delay in filing. I had a 10-day gap between losing my job and filing my claim, and they approved the full backpay after I submitted my termination email and explained I was trying to figure out the process first. Don't stress too much - just gather your documentation (last paystub, termination notice, even emails work) and be honest about why there was a delay when you talk to them. The key is filing ASAP from now and being prepared to explain the gap.
This is exactly what I needed to hear! I've been so worried about the gap between losing my job and filing. What kind of explanation did you give them for the delay? I'm in a similar spot where I was just trying to understand the whole process before jumping in. Really appreciate you sharing your experience 🙏
@Lindsey Fry I told them I was researching the requirements and gathering my documents to make sure I filed correctly. They seemed to accept that as a reasonable explanation - basically that I wanted to be thorough rather than rush and make mistakes. Just be honest about wanting to understand the process first, they deal with this all the time!
The backdating policy can be confusing but here's what I learned from my experience: NY will backdate to your actual separation date IF you can document it properly. The key things that helped me get approved were: 1) Having my final paycheck stub showing the last pay period, 2) A clear explanation that I was gathering info before filing (they understand people need time to research), and 3) Filing as soon as I understood the process. Don't let anyone scare you about losing weeks - just make sure you have some kind of documentation of your last day and a reasonable explanation for any delay. The worst thing you can do is wait even longer to file!
This is really reassuring! I'm in almost the exact same situation - just lost my job a few days ago and have been researching everything before filing. Did you have to provide the explanation upfront when you filed online or did they ask for it later when reviewing your claim? I have my last paystub and some emails from work, so sounds like I should be good to go. Thanks for breaking this down so clearly!
@Yuki Kobayashi They actually asked for the explanation when I called them to follow up on my claim status about a week after filing online. The online application didn t'really have a specific field for explaining delays, so I just filed with the actual dates and then when they called me for the phone interview which (seems pretty standard ,)that s'when they asked why there was a gap. Having your paystub and work emails ready is perfect - that s'exactly what they want to see. Just file ASAP now that you ve'done your research!
One thing to keep in mind is that if you receive any severance pay from your employer, it might affect when your unemployment benefits start. NYS considers severance as wages, so your benefits could be delayed until after the severance period ends. Also, make sure you have all your employment documents ready when you file - things like your last pay stub, separation notice, and Social Security card. The application process goes much smoother when you have everything organized upfront.
That's a really important point about severance pay! I didn't get any severance from my retail job, but it's good to know for future reference. Do you know if vacation pay or unused PTO counts the same way as severance? I think I might get a small payout for my unused vacation days when my final paycheck comes through.
@Mateo Rodriguez Welcome to the unemployment process! As others mentioned, NY's standard duration is 26 weeks. Since you're new to this, here are a few practical tips: 1) File your claim ASAP online at labor.ny.gov - don't wait, 2) Set up direct deposit to avoid delays with benefit payments, 3) Keep a job search log from day one (I use a simple spreadsheet with company names, positions, dates, and contact info), and 4) Save all correspondence from NYS DOL in a folder. The system can seem overwhelming at first, but once you get into the weekly routine of filing your claim and documenting your job search, it becomes manageable. Your retail experience should definitely help you find something new - lots of employers value that customer service background. Good luck!
This is really helpful advice! @Brooklyn Knight I m'definitely going to set up that spreadsheet for tracking job applications - seems like good organization will be key. Quick question though: when you say file the claim ASAP, should I wait until I get my final paycheck and any paperwork from my employer, or can I start the process before that s'all settled? I want to make sure I don t'mess anything up by filing too early.
Congrats on getting through @Haley! That's so frustrating that it was just a verification issue that could have been resolved weeks ago if you could have reached someone earlier. The system really needs to be better at communicating what's holding up claims instead of just leaving people in limbo. For anyone else still struggling - her experience confirms that calling right at 8am opening time really is the best strategy, even if you have to wait on hold afterward.
Exactly! It's so frustrating that these verification issues aren't communicated upfront. I wasted weeks thinking my claim was just "processing" when there was actually a specific problem that needed to be addressed. @Haley's success story gives me hope though - I've been trying to reach someone about my own back pay for almost a month now. Going to set my alarm for 7:55am tomorrow and try the exact same approach. Thanks for sharing your experience!
@Haley so glad you finally got through and got it resolved! Your story is really helpful for the rest of us still dealing with this mess. I've been stuck waiting on back pay for 5 weeks now and was starting to lose hope. The fact that it was just a verification issue that could have been fixed immediately if you'd been able to reach someone earlier is exactly what's wrong with this system. I'm definitely going to try the 8am strategy tomorrow - thanks for sharing the update and giving us some hope that there's light at the end of this tunnel!
Great to hear you got approved Leila! From my recent experience with NYS DOL, once approved with direct deposit you should see payment within 2-4 business days. They definitely pay retroactively for all eligible weeks during adjudication - mine came as one larger deposit for the back weeks, then regular weekly payments after that. Pro tip: the payment status in your my.ny.gov account updates before the money actually hits your bank, so you'll get a heads up. Since you have rent due next week, there's a good chance you'll get that retroactive payment in time. Keep filing those weekly certs and hang in there - the hardest part is behind you!
Thanks Ashley! That's really reassuring to hear about the 2-4 day timeframe. I'm definitely going to keep obsessively checking my.ny.gov account for that status update. The timing might actually work out perfectly if the retroactive payment comes through this week. It's such a relief to finally be approved after all that waiting - I was starting to panic about rent and bills piling up. Really appreciate everyone sharing their experiences here, it helps so much to know what to expect!
Congratulations on getting approved, Leila! That's such a huge relief after going through adjudication. From what I've seen with NYS DOL, once you're approved with direct deposit, you typically get your first payment within 2-4 business days. The great news is they absolutely do pay retroactively for all the weeks you were waiting during adjudication - as long as you kept filing your weekly claims (which sounds like you did). Usually that retroactive amount comes as one bigger lump sum payment, then your regular weekly benefits start flowing normally. I'd keep checking your my.ny.gov account because the payment status updates there first before it actually hits your bank account. Given your timeline, you might actually get that payment before rent is due! The waiting is the worst part but you're through it now.
Giovanni Gallo
I went through almost the exact same thing last month with a construction layoff showing up as voluntary quit in the system. What finally worked for me was filing an appeal online through the my.ny.gov portal - there's a section called "Appeal a Determination" under the unemployment services. Even though it sounds scary, the appeal process actually got me connected with someone who could review my case properly. I attached my layoff notice, final paycheck showing "end of project" as the reason, and a brief letter explaining the situation. Got a response within 10 business days and they corrected the issue. In the meantime, keep filing your weekly certifications even if they're getting denied - you can get backpay once it's fixed. Also document every single phone call attempt with date/time - I kept a simple note on my phone and it helped show I was trying to resolve this properly. Don't panic about rent yet, there are emergency assistance programs through 211 if you call them. You've got this!
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Luca Marino
•This is exactly what I needed to hear! I was so worried about filing an appeal because it sounded like it would make things worse, but you're right - it actually seems like the most direct path to getting someone to actually look at my case. I have all the documentation you mentioned (layoff notice and final paycheck showing end of project) so I'm going to file the appeal today. Really appreciate you mentioning the 211 emergency assistance too - I didn't know that was an option. It's such a relief to hear from someone who went through the same construction layoff issue and got it resolved. Thanks for giving me hope that this will actually get fixed!
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Summer Green
I feel your frustration - the NYS Department of Labor phone system is definitely broken right now. One thing that worked for me was calling the employer services line at 518-457-9000 instead of the main claimant line. They're sometimes less busy and can transfer you or at least give you better guidance on who to contact about separation issues. Also, since you mentioned construction work, make sure you have your employer's unemployment insurance account number handy (should be on your final paystub or layoff paperwork) - this helps them look up your case faster. For the voluntary quit vs layoff issue, you can also try reaching out to your former employer's HR or payroll department to confirm they reported it correctly to the state. Sometimes it's just a coding error on their end that they can fix with a simple correction form. Hang in there - I know it's stressful but most of these issues do get resolved eventually.
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Hattie Carson
•That employer services line tip is brilliant! I never thought to try a different department - sometimes the side door approach works better than banging your head against the main entrance. I'm definitely going to look for that unemployment insurance account number on my paperwork too. You're right about checking with the former employer's HR - my last company was pretty small but they might be willing to help fix a coding error if that's what this is. It's just so frustrating when you're already stressed about money and then have to become a detective to figure out how to get the help you're entitled to. Thanks for the practical suggestions and the encouragement!
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