


Ask the community...
unpopular opinion but sometimes its better to stick it out while looking for a new job. unemployment is such a headache rn
Just went through this exact situation! I quit due to hostile work environment and got approved. Key things that helped me: 1) I documented EVERYTHING - screenshots of nasty emails, wrote down verbal incidents with dates/times, 2) I filed immediately after quitting while everything was fresh, 3) When I got to speak with an agent (used that claimyr service mentioned above - totally worth it), I was very clear and factual about why I had "good cause" to quit. Don't give up if they initially deny you - the appeal process exists for a reason. Your mental health matters and NY does recognize constructive discharge situations. You got this! 💪
Just wanted to chime in with my experience - I've filed for unemployment three different times over the past five years with NYS Department of Labor and never had any issues with limits or waiting periods. The key thing is making sure you meet the work requirements each time. I'd recommend filing your new claim online as soon as possible since there can be a waiting week before benefits start, and the sooner you file, the sooner that clock starts ticking. Also, keep good records of your work history and pay stubs - it makes the application process much smoother when you have all the documentation ready.
This is really helpful to hear from someone with multiple filing experiences! I'm definitely going to file online right away - I didn't realize there was a waiting week before benefits start. Quick question though - when you say "keep good records," do you mean just recent pay stubs or should I have documentation going back further? I'm trying to gather everything I need before I start the application.
For documentation, I'd recommend having at least the past 18 months of pay stubs and employment records ready, since NYS uses your base period earnings to calculate benefits. The system will typically look at the first 4 of the last 5 completed calendar quarters, so having that broader timeframe covered ensures you won't be scrambling for documents if they need to verify your work history. Also keep any separation notices or termination letters - they help speed up the process when they're reviewing your eligibility.
I'm in a similar situation and this thread has been super helpful! Just wanted to add that when you file your new claim, the NYS system will automatically determine which base period gives you the highest benefit amount - either the standard base period or an alternate base period that includes more recent earnings. This can be really beneficial if you worked consistently during those 8 months between claims. Also, don't forget that you can usually start certifying for benefits the week after you file your initial claim, even if there's a waiting week. The online system at labor.ny.gov makes it pretty straightforward once you get through the initial application.
Thanks for mentioning the automatic base period calculation! That's really reassuring to know that the system will pick whichever option gives me the better benefit amount. I was worried I might accidentally choose the wrong time period and end up with lower benefits. The labor.ny.gov portal does seem pretty user-friendly from what I've seen so far. One quick follow-up - do you know if there's any advantage to filing earlier in the week versus later, or does the timing within the week not matter as long as you file promptly after becoming unemployed?
The timing within the week doesn't really matter for your benefit calculation - what's important is filing as soon as possible after you become unemployed since your benefit year starts from the date you file. However, I've found that filing earlier in the week (Monday-Wednesday) can sometimes be easier because the system tends to be less busy than on Fridays when a lot of people are rushing to certify for their weekly benefits. Also, if you run into any technical issues or have questions during the application process, filing earlier gives you more time during the business week to contact support if needed.
Just went through this same situation with my partner last month! The key thing is to definitely keep filing and report the severance under "other income" when you certify. What helped us was calling it exactly what it is - "severance pay" in the description field. NY DOL is pretty good about calculating how it affects your weekly benefit amount automatically once you report it properly. One thing I wish someone had told me earlier: if the severance was paid as a lump sum, they typically spread it out over the weeks it was meant to cover (like if it was 4 weeks severance, they divide it by 4). But if you're not sure how they calculate it, definitely worth getting someone on the phone to clarify. The main thing is just be transparent about it. I know the forms can be confusing, but it's way better to over-report than under-report with this stuff. Your spouse is smart to ask questions rather than just wing it! Keep all the paperwork from the severance too - you'll probably need it if they ever do a review of the claim later on.
Thanks for sharing your experience! That's really helpful to know about how they spread out lump sum severance payments. I was wondering about that exact scenario. Did your partner's benefits get completely suspended during those weeks, or were they just reduced? And how long did it take for the DOL to process the severance reporting and adjust the payments accordingly?
I just want to echo what everyone else is saying - definitely report the severance! I made the mistake of not reporting mine right away when I first got laid off because I wasn't sure if it counted as "income" since it was technically from my old job. Big mistake! The DOL caught it during their quarterly wage crosscheck (they match up with employers) and I had to pay back like $800 in overpayments. Plus they hit me with a penalty week where I couldn't collect at all. Not fun. The good news is that once I started reporting everything properly, the process was actually pretty smooth. They have a specific field for severance/separation pay when you certify, and the system automatically calculates how it affects your weekly benefit. Pro tip: if the severance amount seems like it's going to wipe out your benefits for several weeks, you might want to call and ask about "allocation" - sometimes they can spread it out differently depending on how your employer structured it. But honestly, the phone wait times are brutal, so only do that if you're talking about a really big severance package. Your spouse is being smart by asking first. Better to be cautious with this stuff than deal with the headache later! 👍
I've been through this process recently and can confirm what everyone else is saying - spouse income has zero impact on NYS unemployment benefits. When I filed my claim last fall, they never even asked about my wife's earnings. The entire calculation is based on YOUR quarterly wages during the base period. One small tip though - if you do get laid off, make sure to file your initial claim online rather than trying to call. The online system is much faster and you can do it 24/7. The phone lines are often jammed, especially on Mondays. Also, keep detailed records of your job search activities from day one since you'll need to certify weekly that you're actively looking for work. Good luck and hopefully the layoff doesn't happen!
Thanks for the practical tips about filing online vs calling! I definitely would have tried calling first since that feels more "official" to me, but good to know the online system is actually better. And I'll make sure to start documenting job search activities right away if I do end up needing to file. Hopefully you're right and the layoff won't happen, but at least now I feel prepared if it does. Really appreciate all the detailed advice from everyone here!
I went through a similar worry when I was facing potential layoffs at my tech company last year. My spouse makes about $95k and I was making around $48k, so I totally understand the concern about household income affecting benefits. But everyone here is absolutely right - NYS Department of Labor only looks at YOUR individual work history and earnings. When I actually had to file my claim, the application process was straightforward and never once asked about my spouse's income or our combined household earnings. The weekly benefit amount was calculated purely based on my own wages from the base period quarters. One thing that really helped me was calling the NYS DOL automated phone system (not the agent line) to get basic information about benefit calculations before I actually needed to file. It gave me peace of mind to understand the process ahead of time. With your 6 years of work history and $52k salary, you should have no issues qualifying if you do end up needing to file a claim.
Diego Chavez
Just went through this whole process myself! Got my hearing scheduled after about 5 weeks of waiting. It was definitely nerve-wracking but the phone format made it less intimidating than I expected. For timeline - my hearing was about 50 minutes, got the decision letter 10 days later (approved!), and first payment showed up in my account 5 days after that. The backpay covered everything from when I first filed. One thing nobody mentioned - make sure your phone is fully charged and you're in a quiet spot with good reception. My neighbor's dog started barking halfway through and I was mortified lol. Judge was understanding though. Also agree with everyone saying to have your documents organized. I made a simple timeline of events and it really helped me stay focused when answering questions. Good luck @Mateo!
0 coins
Zainab Ahmed
•@Diego thanks for all the practical tips! The phone charging advice is so smart - would've never thought of that but makes total sense. How detailed did you get in your timeline? Like did you include specific conversations with supervisors or just the major events?
0 coins
StarStrider
Been through this recently too! My hearing took about 9 weeks to get scheduled, but that was during peak time. Phone hearing lasted about an hour and the judge was pretty straightforward - just stick to facts and stay organized. Payment wise - once approved, first payment hit my account within a week and then backpay followed a few days after. The whole backpay process was actually smoother than I expected. Big tip: test your phone connection beforehand! I did a test call with a friend to make sure audio was clear. Also keep a glass of water nearby - you'll be talking a lot and your mouth gets dry from nerves. The hardest part is just the waiting honestly. Once you're actually in the hearing it goes by quick. Stay confident and prepared @Mateo - you got this! 💪
0 coins
KylieRose
•This is all super helpful! I'm in the same boat as @Mateo and the timeline info is exactly what I needed to hear. The test call idea is brilliant - definitely doing that. Quick question though, did you have to provide any specific documentation during the actual hearing or was it more just having everything ready for reference? Also wondering if they ask about job search activities during the hearing or if that's separate from the appeals process?
0 coins