New York Unemployment

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Ask the community...

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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.

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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.

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@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!

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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.

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Just make sure you're honest about the seasonal nature of your work when filing. NYS Department of Labor takes misrepresentation seriously and you don't want issues later on.

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I work seasonal at a beach resort and have filed for unemployment during off-seasons multiple times. One important thing to know is that you should file your claim immediately after your last day of work - don't wait even a day because benefits don't start until you file. Also, keep all your employment records from the ski resort including pay stubs and any documentation about your expected return date next season. When you're doing your weekly certifications, you'll need to report that you're temporarily laid off but expect to return to the same employer. The system will ask you specific questions about seasonal work during the application process.

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This is really helpful advice! I didn't realize I should file immediately after my last day. Quick question - when you mention keeping employment records, should I also keep any emails or documents from my employer about being rehired next season? I have an email from HR saying they plan to bring back seasonal staff for next winter but nothing official yet.

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Just wanted to say thanks for asking these questions! I'm starting my claim next week and this thread has been super helpful.

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I've been dealing with NYS Department of Labor for about 6 weeks now and can share what I've learned. For the pending status - mine stayed pending for almost a month before switching to approved, so don't panic yet. Make sure you're doing your weekly certifications on the same day each week if possible. One tip that helped me: when you do your job search activities, save screenshots or confirmation emails from applications as backup proof. I learned this the hard way when they asked me to verify some of my job search activities. Also, if you're doing any freelance or gig work (even just a few hours), you MUST report it - they cross-reference with other databases and will catch discrepancies.

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This is really helpful advice! Quick question about the freelance/gig work reporting - do you know what the threshold is for reporting? Like if I make $20 from a small task, does that need to be reported too? Also, when you say they cross-reference with other databases, are you talking about like tax records or something else? I want to make sure I'm being completely accurate with my reporting.

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Just wanted to add that if you do file and get denied, you can appeal the decision. Sometimes NYS Department of Labor doesn't have complete records and additional documentation can help your case. Good luck with whatever you decide to do!

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I went through something similar when I worked as a babysitter for a family that moved. One thing that might help is to ask your current family directly about the tax situation before they leave - they might have been paying into unemployment insurance without you realizing it. Some families do handle the paperwork properly even if they don't always communicate it clearly to their nannies. Also, even if this job doesn't qualify you for benefits, make sure your next nanny position is set up correctly from the start so you're protected in the future. You can ask potential employers upfront if they'll be treating you as a household employee with proper tax withholdings.

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That's really good advice about asking the family directly before they leave! I never thought to just ask them straight up about the tax situation. You're right that they might have been handling it properly but just didn't explain it to me. I'm definitely going to have that conversation with them this week before they move. And I'll make sure to be more upfront about the tax requirements with any new families I interview with. Thanks for the practical suggestions!

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This happened to my cousin - ended up being just that 1 week. But def appeal it since it wasnt your fault!

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did they backpay the week after appeal?

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yep! took like a month but they did

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Had the EXACT same situation happen to me 2 months ago! Got the job fair notice 4 days late and they tried to cut my benefits. Here's what worked for me: 1. Take photos of EVERYTHING - the envelope, postmark, the notice itself 2. File your appeal ASAP (don't wait!) 3. In the appeal, be super clear about the timeline - when you received it vs when the event was 4. Keep a log of all your job search activities to show you're still actively looking They ended up only stopping 1 week for me and I got it back after the appeal went through (took about 3 weeks). The key is proving you got the notice late through no fault of your own. Don't stress too much - this happens way more often than it should and they usually side with you if you have documentation. Just make sure to keep certifying every week even while it's under review!

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