New York Unemployment

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you might be able to file anyway and see what happens? sometimes they approve things that seem like they shouldn't qualify. worth a shot right?

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I wouldn't recommend filing a claim you know doesn't qualify. If you receive benefits you're not entitled to, you'll have to pay them back with penalties. It's better to be certain about eligibility first.

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Have you considered asking your current employer if they'd be willing to let you use any accrued vacation or personal time during your notice period to extend your employment a bit longer? Or maybe see if they have any project work you could do as a contractor during the gap? Some employers are pretty flexible when they know you're leaving on good terms and not going to a competitor. It might help bridge at least part of that 3-week period without having to deal with the unemployment system at all.

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I went through something similar a few years ago and wanted to share what I learned. First, definitely gather ALL your documentation - pay stubs, weekly claim forms, any correspondence with NYS DOL. Second, you might want to contact a legal aid society in your area - many offer free bankruptcy consultations even if you can't afford a private attorney. The NYC Bar Association has a pro bono program, and there are similar programs throughout NY state. Also, before filing bankruptcy, consider requesting a waiver of the overpayment from NYS DOL if you can show financial hardship - they sometimes grant these, especially if the overpayment wasn't due to fraud. The worst they can say is no, and it might save you from having to file bankruptcy at all.

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This is really helpful advice, especially about the legal aid societies! I didn't know they offered free bankruptcy consultations. Do you happen to know if the hardship waiver request has to be done within a certain timeframe, or can I still apply for it even though my overpayment notice was from 6 months ago? And did you end up having to file bankruptcy or were you able to resolve it through other means?

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I'm dealing with a similar situation right now and have been researching this extensively. From what I've found, unemployment overpayments to NYS DOL are generally dischargeable in Chapter 7 bankruptcy UNLESS they can prove fraud or willful misrepresentation. Since you mentioned you were honestly reporting your hours and it seems like their calculation error, you should be in good shape. However, I'd strongly recommend trying a few things first: 1) File a late appeal explaining you couldn't get through to anyone - NYS DOL sometimes accepts these with good cause, 2) Request an overpayment waiver due to financial hardship (form IA 765.1), and 3) if you do file bankruptcy, make sure to list NYS DOL as a creditor and send them a copy of your discharge papers afterward to prevent future benefit offsets. The bankruptcy will stay on your credit for 7-10 years, so it's worth exhausting other options first. Also, definitely keep all your documentation showing you reported earnings correctly - that's your best defense against any fraud allegations.

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This is incredibly thorough and helpful information! Thank you so much for laying out those specific steps. I had no idea about form IA 765.1 for the hardship waiver - that could be a game changer. You're absolutely right about trying other options before bankruptcy given the long-term credit impact. I'm going to start with filing the late appeal and hardship waiver request simultaneously. Do you know if there's a specific format or reasoning I should use when explaining why I couldn't get through to them for the late appeal? Also, when you mention sending discharge papers to prevent future benefit offsets, do you send those to a specific department within NYS DOL or just their general correspondence address?

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Welcome to the group, Michael! Your experience with the multi-state wage issue is really valuable for others here. I'm so glad you were persistent and finally got through to someone who could actually explain what was happening with your claim. I've been helping people navigate the NY unemployment system for a while now, and the interstate wage verification delays are becoming increasingly common. It's frustrating that the system doesn't give claimants any visibility into what's causing the delay - you shouldn't have to wait 2 months just to find out there's a paperwork holdup between state agencies. For anyone else reading this who might have worked in multiple states, Michael's story shows how important it is to mention that specific detail when you finally reach an agent. The representatives can put notes in your file to expedite the interstate coordination process, but they need to know to look for that issue first. Thanks for taking the time to update us with your resolution - these success stories really help keep everyone's spirits up while they're dealing with their own claims!

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Thanks Daryl! I totally agree that the lack of transparency in the system is one of the most frustrating parts. When your claim just says "pending" with no other information, you have no idea if it's a simple paperwork issue that could be resolved quickly, or something more complex that might take months. I really hope NYSDOL considers adding more detailed status updates to their online system so people don't have to go through what I went through - constantly calling, reaching out to elected officials, and burning through savings while waiting for answers. Even something as simple as "pending - interstate wage verification in progress" would save claimants so much stress and uncertainty. Hopefully sharing these experiences here can at least help people understand what questions to ask when they do finally get through to someone!

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Hi Michael! Welcome to the group and congratulations on finally getting your claim resolved! Your story is so encouraging for those of us still waiting. I'm in week 6 of pending status and have been getting increasingly worried about how long this might drag on. Reading that you had worked in multiple states and that was the root cause of your delay is really helpful - I actually worked in NY and PA last year, so this might explain what's happening with my claim too. I've been trying to get through by phone for weeks with no luck. Did you end up reaching them directly, or did your Assemblyman's office ultimately connect you with someone? I'm debating whether to contact my representative or keep trying on my own. Also, when you finally got your back payments, did they include the $300 federal supplement that was available during some weeks, or just the regular state benefit amount? Thanks again for sharing your experience and keeping us updated. It really helps to see that there's light at the end of the tunnel!

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I'm currently going through this same situation right now - 4 months pregnant and just started collecting unemployment after my restaurant job closed down. The application process was honestly pretty straightforward, and being pregnant never came up as an issue with NYS Department of Labor. The weekly certification is just the standard questions about being able to work and looking for jobs. I've been approved for 8 weeks so far without any problems. The job search part is definitely harder though - I'm starting to show and some employers seem hesitant during interviews, but that's their problem, not the state's. Just be honest about your ability to work and keep detailed records of your job applications. You'll be fine!

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That's so helpful to hear from someone going through it right now! I'm about 12 weeks along and was really stressed about applying, but hearing these real experiences makes me feel much better. The job search discrimination thing is frustrating but at least I know the unemployment part should work out. Thanks for sharing - it really helps to know I'm not alone in this situation. Hope you find something good soon!

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I just wanted to add my experience as someone who collected unemployment while pregnant in NY about 6 months ago. The process was really smooth - I filed online and never had to mention my pregnancy status anywhere in the application. The key thing is just being honest about your ability and availability to work on the weekly certifications. I was able to collect benefits for about 4 months while job searching, and NYS Department of Labor never questioned anything pregnancy-related. The hardest part was definitely dealing with employer bias during interviews once I started showing, but that's a separate issue from getting your benefits approved. Keep good records of your job search activities and you should be all set. Wishing you the best with everything!

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Thanks for adding your recent experience! It's really encouraging to hear that the online application process doesn't even ask about pregnancy status. I was wondering if they'd have some kind of medical questionnaire, but it sounds like it's just the standard work eligibility questions. Your point about keeping good job search records is helpful too - I'll make sure to document everything properly. It's frustrating that employer bias is still such an issue, but at least knowing the unemployment benefits part should be straightforward takes some stress off. Really appreciate everyone sharing their experiences here!

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Thank you everyone for all the info! I'm going to file a new claim during my last week and hope for the best. I'll make sure to gather all my gig work documentation just in case they need proof of some employment. This is all so stressful!

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Good luck! Hope it goes smooth for you 👍

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Just wanted to add that if you do get denied for a new claim, don't give up! You can appeal the decision and also look into other assistance programs while you're waiting. In NYC there's emergency rental assistance, SNAP benefits, and some local food banks that can help bridge the gap. Also check if your county has any emergency cash assistance programs - some do offer short-term help for people transitioning between benefit periods. The whole system is really complicated but there are other safety nets out there if you know where to look.

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This is really good advice! I didn't know about the emergency rental assistance programs. Do you know if there's a specific website or office I should contact to find out about these programs in my area? I'm in upstate NY (not NYC) so I'm not sure if the same resources are available here.

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