New York Unemployment

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Just wanted to add that you should definitely report the settlement when you file. I know someone who didn't mention their workers comp settlement and got hit with an overpayment notice months later. NYS Department of Labor eventually finds out about these things through data matching.

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Good point. Better to be upfront about everything from the start. I'll make sure to have all my settlement paperwork ready when I file.

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I went through something similar last year with a shoulder injury settlement. The key thing I learned is that NYS Department of Labor will want to see a breakdown of your settlement showing what portion was for past lost wages vs future wages vs medical expenses. If your settlement agreement doesn't specify this breakdown, you might need to contact your workers comp attorney to get a clarification letter. In my case, most of my settlement was for medical expenses and past wages, so it didn't affect my weekly UI benefit amount. The process took about 4-6 weeks for them to review everything, but I was eventually approved. Make sure you're actively job searching and document everything - they'll ask for proof that you're looking for work within your physical restrictions.

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@Sarah Ali This is exactly the kind of detailed guidance I was hoping to find! I didn t'realize the settlement breakdown was so important. My attorney hasn t'mentioned anything about providing a clarification letter, so I ll'definitely need to ask about that. It sounds like being proactive about getting the proper documentation upfront could save me weeks of delays in the review process. Did you have to provide the breakdown letter when you initially filed your UI claim, or only after they requested it during their review?

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@Sarah Ali This breakdown you mentioned is really crucial information! I m'in almost the exact same situation as Katherine - just got my settlement and wasn t'sure about the unemployment process. When you contacted your workers comp attorney for the clarification letter, how long did it take them to provide it? I m'wondering if I should get this sorted out before I even file my UI claim to avoid delays, or if it s'something I can handle during the review process. Also, did NYS DOL accept the attorney s'breakdown letter as sufficient documentation, or did they require additional verification?

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Just went through this exact situation last month! Don't beat yourself up about the two week delay - I waited almost three weeks because I was hoping my employer would call me back. The key thing is to file immediately now. When you file through my.ny.gov, make sure you have your Social Security number, driver's license, and employment info for the last 18 months ready. The system will ask for your last day worked and reason for separation, so be specific about being laid off. One tip that helped me: if you run into any technical issues with the website (it can be glitchy during peak hours), try filing early in the morning or late evening when there's less traffic. Good luck!

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Thanks for sharing your experience! The tip about filing during off-peak hours is really smart - I didn't think about the website potentially being slow during busy times. I'm definitely going to try filing early tomorrow morning to avoid any technical issues. It's reassuring to hear from someone who went through the same thing recently. Did you have any problems with the employment history section? I'm a bit worried about getting all the dates and details exactly right for my previous jobs.

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For the employment history section, don't stress too much about getting every single detail perfect - they mainly need the basic info like employer name, dates of employment, and wages. If you're unsure about exact start/end dates, check your old tax documents or pay stubs if you still have them. The system is pretty forgiving about minor date discrepancies. What's most important is being accurate about your reason for separation and your most recent employer info since that's what they'll verify first. I had to estimate a couple of older job dates and it wasn't an issue at all.

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I just went through this process a couple months ago after being laid off from my warehouse job. Like others mentioned, you definitely want to file ASAP - don't wait any longer! The good news is that even though you can't backdate those two weeks, the application itself is pretty straightforward once you get started. One thing that tripped me up was making sure I had my separation paperwork ready - if your employer gave you any kind of layoff notice or termination letter, have that handy when you file. It helps speed up the process since they need to verify your reason for unemployment. Also, once you get your claim going, set up direct deposit right away if you can - it's way faster than waiting for paper checks in the mail.

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As someone who went through this recently, I can confirm what others have said about the 26-week limit and notifications. What I found really helpful was setting up a simple spreadsheet to track my weeks - just the date I filed each claim and a running count. That way I knew exactly where I stood without having to dig through the NYS Department of Labor website every time. Also, don't wait until the last minute to start preparing for when benefits end - I wish I had started looking into other resources and assistance programs earlier in the process rather than scrambling at week 24!

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That's really smart advice about tracking weeks in a spreadsheet! I'm definitely going to set that up. You're absolutely right about not waiting until the last minute - I'm at around week 20 now so I should probably start researching what other assistance programs might be available. Did you find any particular resources that were helpful when your benefits were ending?

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I went through this exact same anxiety when I was approaching my benefit limit last year. The NYS Department of Labor does send notifications, but I found it really helpful to also call the automated phone system (1-888-209-8124) where you can check your remaining benefit balance 24/7 without waiting on hold. Just have your PIN ready. The automated system will tell you exactly how many weeks and dollars you have left. I started checking this weekly once I hit week 20 just to stay on top of it. Also, start documenting all your job search activities really carefully now - if you do qualify for any extensions or need to appeal anything later, having detailed records of your job search efforts is super important.

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This happened to my cousin and she never got that week back even though she called. The NYS Department of Labor rep told her that missing the deadline means you forfeit that week's benefits period. Maybe it depends on who you talk to but just wanted to give you a heads up that it might not work out.

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That's not correct. Late filing is allowed for good cause. Your cousin might not have provided adequate documentation or explanation.

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I work as a benefits advocate and can confirm that NYS allows late filing for good cause within 30 days of the missed deadline. Family emergency absolutely qualifies. When you call, be prepared to explain the situation clearly and mention you have hospital documentation ready if needed. The key is being persistent - if the first rep says no, politely ask to speak with a supervisor. Also, make sure you continue filing your weekly certifications on time going forward so this doesn't impact your ongoing eligibility. Don't let anyone tell you that missing one week forfeits it permanently - that's not how the system works when you have valid cause.

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This is really helpful, thank you @Mateo Silva! It's reassuring to hear from someone who works in this field. I have the hospital records ready and will definitely be persistent if they give me pushback. Quick question - when you say "within 30 days" does that clock start from the missed deadline or from when I first try to file the late claim? I missed Sunday's deadline so I want to make sure I'm not running out of time.

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I'm so sorry you're going through this - it's absolutely infuriating when employers try to rewrite history to avoid their unemployment insurance obligations! But honestly, the fact that you were laid off with 3 other people in your department is going to work strongly in your favor. That's a clear pattern of workforce reduction, not individual misconduct. I went through something similar about 8 months ago when my employer claimed I was fired for "insubordination" after they eliminated my entire team due to budget cuts. What really helped me was creating a detailed written account of everything that happened in my final weeks there, including exact quotes from conversations with my supervisor. Since your supervisor specifically told you the layoff wasn't performance-related, try to remember exactly when and where that conversation happened - even small details can help establish credibility. Also, definitely reach out to those other 3 coworkers who were laid off with you if you can. Even if they just confirm they were let go the same day for budget reasons, that completely contradicts your employer's misconduct claim. Most people are willing to help with something like this because they understand how crucial unemployment benefits are. NYS Department of Labor has heard every excuse in the book from employers trying to dodge their responsibilities. They know what real misconduct looks like versus transparent attempts to avoid paying unemployment taxes. Stay organized with your documentation, respond promptly to any requests, and don't let them intimidate you. The truth is on your side here!

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This is such great advice about creating that detailed written account! I'm definitely going to sit down tonight and write out everything I can remember about those final weeks, especially that conversation with my supervisor about it not being performance-related. You're absolutely right that having 3 other people laid off the same day completely contradicts their misconduct story - I can't believe I was so panicked that I didn't realize how strong that evidence actually is. I'm going to reach out to at least two of them this weekend. It's really encouraging to hear that NYS Department of Labor sees through these tactics regularly. I was starting to feel like maybe I was naive for thinking the truth would matter, but everyone's experiences here show that it really does. Thank you for the reminder to stay organized and not let them intimidate me - I needed to hear that!

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I'm going through something very similar right now and this thread has been incredibly helpful to read! My employer is claiming I was terminated for "failure to follow procedures" when I was actually part of a department-wide layoff due to budget constraints. Like you, I was told directly by my manager that it had nothing to do with my performance and everything to do with cost-cutting measures. What's been really eye-opening from reading everyone's experiences here is how common this seems to be - employers apparently lie to avoid paying unemployment costs all the time! I've started gathering documentation like company emails about budget issues and I'm planning to reach out to the other people who were laid off with me. It's reassuring to hear that NYS Department of Labor actually investigates these claims thoroughly and can spot inconsistencies in employer stories. The stress of waiting for a decision while worrying about rent and bills is awful, but it sounds like most people who fight these false claims end up winning. Don't let them intimidate you - you know what really happened and the evidence should back you up. Keep us updated on how your case goes!

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Thank you for sharing your experience - it really helps to know I'm not alone in dealing with this! The "failure to follow procedures" claim when you were part of a department-wide layoff sounds so similar to my situation. It's both frustrating and oddly comforting to learn how common these employer lies apparently are. I'm definitely going to follow your lead on gathering those company budget-related emails. Did you have any luck finding old emails about the financial situation or cost-cutting measures in your personal email? I'm kicking myself for not forwarding more company communications before I was let go. The waiting and uncertainty about rent money is definitely the worst part, but reading everyone's success stories here is giving me hope that the truth will come out during the investigation.

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