


Ask the community...
I'm going through something similar right now - got hit with a forfeit notice last month for allegedly not reporting some side work properly. From what I've been reading here and my own experience, they should keep paying you during the appeal process. I've been getting my weekly payments while waiting for my hearing date (still 2 months out 😤). The scary part is if you lose, you have to pay back everything you received during the appeal PLUS serve the forfeit period. So definitely start setting aside some money just in case. I've been putting 30% of each payment into a separate account as my "oh shit" fund. Also, gather EVERY piece of documentation you have about that income from April - bank statements, pay stubs, screenshots, emails, literally everything. The more evidence you bring showing you tried to report correctly, the better your chances. Good luck with your hearing in November!
This is such helpful advice! The "oh shit" fund idea is brilliant - I'm definitely going to start doing that with 30% of my payments too. It's scary to think about having to pay it all back but at least this way I'll be prepared. Thanks for sharing your experience, it makes me feel less alone in this nightmare process!
Hey, I'm new to this community but dealing with a similar situation right now. Got a forfeit notice three weeks ago and have been panicking about whether they'll cut off my benefits. Reading through everyone's responses here is super reassuring - sounds like they do keep paying during the appeal process which is a huge relief. I'm definitely taking the advice about saving some money just in case I lose. The idea of having to pay everything back is terrifying but at least now I know what to expect. Also going to start gathering all my documentation like everyone suggests. Has anyone had success with those callback services that keep getting mentioned? I've been trying to call unemployment for weeks with no luck and I'm getting desperate to talk to someone about my specific case.
Welcome to the community! I totally understand the panic - I was in the same boat when I first got my forfeit notice. The callback services people are mentioning (like claimyr) seem to be legit based on what everyone's saying here. I haven't tried them myself yet but multiple people have said they actually work. Might be worth it if you're desperate to get through to someone - I know I am! The waiting and not knowing is the worst part of this whole process.
Here's everything you need to know about qualifying for NY unemployment: Earnings Requirements: - Minimum $3,100 in one quarter - Must have worked in 2 different quarters - Total earnings must be 1.5x your highest quarter Base Period: - Standard: First 4 of last 5 completed quarters - Alternate: Last 4 completed quarters if you don't qualify under standard Other Requirements: - Job loss not your fault - Must be ready and able to work - Need proper work authorization If you're having trouble reaching someone, use claimyr.com - they'll wait on hold and connect you to an agent. Saved me hours of frustration. Keep all your pay stubs and employment docs handy when you apply!
thank you sm for breaking it down like this!
Just went through this myself! If you worked consistently for 3 months and made decent money, you might actually qualify. The key is calculating your base period earnings - if you started 3 months ago, they'll look at your earnings in the quarters you worked. Even if you don't meet the standard base period requirements, New York has an alternate base period that might work in your favor. I'd definitely recommend applying online at labor.ny.gov and seeing what happens. The worst they can do is say no, but you might be surprised. Also keep track of all your job search activities from day one - you'll need to report those weekly if you get approved. Good luck! 🤞
this is really helpful! when you applied, did you need any specific documents besides pay stubs? also wondering if part-time work counts towards the earnings requirements or if it has to be full-time hours?
I went through this exact same situation last year! The key thing to remember is that it's all about your earnings, not the number of hours worked. I was working two part-time jobs and was worried I wouldn't qualify, but it turned out I had enough wages spread across the quarters. One tip - if you don't qualify under the regular base period, NY also has an "alternate base period" which uses the most recent 4 quarters instead of the standard calculation. This can sometimes help if you had lower earnings earlier but have been making more money recently. Definitely worth mentioning when you file your claim if the regular base period doesn't work out for you.
That's really good to know about the alternate base period! I had no idea that was an option. So if I understand correctly, the alternate base period would look at more recent quarters instead of the standard timeframe? That might actually help my situation since I've been earning more in my recent jobs compared to when I first started working part-time. Do you know if you have to specifically request the alternate base period when filing, or do they automatically check both options for you?
Just wanted to share my experience - I was in a similar boat with multiple part-time jobs and irregular hours. What really helped me was requesting a wage transcript from the Social Security Administration before filing my claim. It shows all your reported wages by quarter and employer, so you can see exactly what NYS DOL will be looking at when they calculate your base period. You can request it online at ssa.gov and it's free. Having that in hand made the whole process much smoother because I knew ahead of time whether I'd meet the requirements. Also, don't forget that some employers might have reported your wages under slightly different names or business entities, so double-check everything matches up!
Just went through this exact situation 3 months ago. My restaurant also tried to appeal after I was approved for benefits following a layoff. The key thing is to stay calm and gather your evidence. I collected my work schedule showing reduced hours before the layoff, text messages from my manager about the business slowdown, and even got a coworker to be a witness. The hearing was actually pretty straightforward - they asked basic questions about why I left and what led to the separation. My employer couldn't prove I did anything wrong, so I won the appeal. The whole process took about 6 weeks from appeal notice to final decision, and like others said, I kept getting my weekly benefits the entire time. Just make sure you keep filing your weekly claims even during the appeal.
This is really helpful to hear from someone who just went through the same thing! I work in restaurants too so the situation sounds very similar. Did you have any trouble getting your coworker to agree to be a witness? I'm worried about asking my friend who still works there since they might not want to get involved and risk their own job.
I totally understand your concern about asking your coworker to be a witness - that's a tough spot when they still work there. In my case, I was lucky because the coworker had already put in their two weeks notice for another job, so they weren't worried about retaliation. But honestly, even without a witness, I think I still would have won because the documentation was pretty strong. The text messages from my manager and the schedule showing my hours getting cut were really the key evidence. If you can't get a witness, focus on gathering any written proof you have - emails, texts, schedules, anything that shows the business was struggling or that you were laid off due to circumstances beyond your control. The burden is really on your employer to prove you shouldn't get benefits, not the other way around.
I went through this exact situation about 8 months ago and it was terrifying at first, but it worked out fine. My employer appealed my unemployment decision about 3 weeks after I was approved. The most important thing to remember is that you'll keep getting your benefits during the entire appeal process - they don't stop your payments just because there's an appeal pending. When I got the hearing notice, I was given about 2-3 weeks to prepare. I made sure to gather everything I could - my final paystub, any emails or texts about the layoff, and I even wrote down a timeline of events leading up to my termination. The hearing itself was done over the phone and lasted maybe 20-30 minutes. The judge asked me to explain what happened, then asked my employer questions. My advice: stay organized, be honest about what happened, and don't let them intimidate you. Most of these appeals fail because employers can't actually prove misconduct when it was really just a layoff. You've got this!
Dylan Campbell
Just wanted to jump in and say I feel your pain. Been freelancing for 5 years and the feast or famine cycle is real. I've basically had to become my own insurance company at this point.
0 coins
Kelsey Hawkins
Have you considered looking into the Freelancers Union? While they can't get you into the NYS Department of Labor unemployment system, they do offer some benefits and resources specifically for independent contractors. They have health insurance options and sometimes advocate for policy changes that could help freelancers in the future. Also, if you're doing graphic design, you might want to check if there are any creative industry organizations that offer emergency grants or short-term financial assistance during slow periods. It's not the same as UI, but it's something. The lack of a safety net is definitely one of the biggest downsides to freelancing in NY.
0 coins
Yara Sayegh
•Thanks for mentioning the Freelancers Union! I hadn't heard of them before. Do you know if their benefits are actually affordable for someone with irregular income? I've been burned by "freelancer-friendly" insurance before where the premiums were way too high for lean months. The emergency grants idea is interesting too - I wonder if there are any NY-specific programs like that for creative freelancers.
0 coins