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I've been through two fact-finding interviews with NYS DOL and here's what really helped me: Write down a clear, chronological timeline of your last few weeks at work before you were laid off. Include dates, any meetings about budget issues, conversations with supervisors, and the actual day you and your coworkers were informed about the layoffs. During the interview, they'll likely ask you to walk through exactly what happened, so having this timeline will keep you organized and credible. Also, if you have any company-wide emails about financial difficulties or restructuring, those are gold. The interviewer told me they see a lot of cases where employers try to reframe layoffs as "misconduct" to avoid paying into the unemployment system, so your situation isn't uncommon. Stay calm and stick to the facts - you've got documentation and witnesses, which puts you in a strong position.
This is excellent advice! Creating a timeline sounds like a smart approach. I'm wondering - during the interview, do they typically ask for specific dates or just general timeframes? I can remember the exact day we were laid off but some of the earlier conversations about company finances were more informal and I'm not sure of exact dates.
I haven't been through a fact-finding interview myself, but I wanted to share what I learned when my sister went through this process last year. She was in a similar situation - laid off but employer claimed misconduct. The NYS DOL interviewer was actually very thorough and fair. They asked her detailed questions about her work performance, any disciplinary actions, and the circumstances of her separation. What really helped her case was that she had saved emails showing the company's financial struggles and the announcement about layoffs. She also provided contact information for her former coworkers who could verify the layoff story. The whole process took about 30 minutes over the phone, and she got approved within a week after that. The key thing she told me was to answer every question completely but don't volunteer extra information that wasn't asked. Good luck with your interview - it sounds like you have a solid case since multiple people were laid off at the same time!
Just wanted to chime in as someone who works in unemployment advocacy - what you're experiencing is becoming quite common in NY this year. The NYSDOL has been processing a lot of delayed wage reports from employers, especially from Q4 2024, which can trigger automatic benefit recalculations even mid-claim. The key thing to watch for is whether your weekly benefit amount changed along with the maximum. If both increased, it's almost certainly a legitimate wage-based recalculation. If only the maximum increased, it could be either a duration extension or a base period adjustment. Either way, definitely keep those screenshots and continue certifying. The system errors that result in clawbacks are usually much more obvious (like sudden massive increases that don't make mathematical sense). A $1,800 increase over 15 weeks is totally reasonable for a wage adjustment scenario.
This is really helpful information, thank you @Chloe Robinson! I'm new to this whole unemployment process and it's honestly pretty overwhelming trying to figure out what's normal vs what's a problem. Your explanation about the Q4 2024 delayed wage reports makes a lot of sense - that timing would line up perfectly with when people started seeing these increases. It's reassuring to hear from someone who works in advocacy that these adjustments are becoming common this year. I'll definitely check if my weekly benefit amount changed too when I log in next. Really glad I found this community - so much better than trying to navigate this alone!
I just wanted to add my experience to help others who might be worried about this. The same thing happened to me about 6 weeks ago - my maximum went up by around $2,100. I was terrified it was an error after reading horror stories online, but I decided to call and verify. It took me 3 days of calling to get through, but the agent confirmed it was legitimate - they had received late wage information from one of my previous employers that qualified me for a higher benefit calculation. The agent also told me something important: if you're concerned about whether an increase is legitimate, you can request a written explanation of the adjustment through your online account message system. They're supposed to provide documentation showing how they calculated the new amount. I did this and got a detailed breakdown within about 10 days that showed exactly which employer wages were added and how it affected my weekly and maximum amounts. For anyone still worried - keep certifying as normal, take screenshots, and if you're really concerned, request that written explanation. Don't let anxiety stop you from collecting benefits you're entitled to!
Thank you so much for sharing this @Isabella Russo! This is exactly the kind of detailed information I was hoping to find. Requesting a written explanation through the message system is brilliant - I had no idea that was even an option. It sounds like that would give peace of mind and create a paper trail showing the adjustment was legitimate. I'm definitely going to do this for my own situation. It's amazing how much more confident I feel about this whole thing after reading everyone's experiences here. Really appreciate you taking the time to share what worked for you!
Just to add - even though you don't pay into it directly, you do 'earn' unemployment benefits by working and having your employer pay those taxes on your behalf. So you're still building up eligibility even without direct contributions from your paycheck.
This thread is really helpful! I'm new to NY from California and was worried I was missing something when I didn't see UI deductions. It's actually kind of nice that we don't have that extra deduction from our paychecks here. Does anyone know roughly what percentage employers pay? Just curious how the funding works on their end.
I'm so sorry you're dealing with this - the uncertainty when benefits are about to end is absolutely terrifying! I went through the same thing last summer and the stress was unreal. Unfortunately, everyone here is right that the 13-week PEUC extension ended permanently in September 2021. The NY DOL website is criminally outdated and still references programs that don't exist anymore - it's honestly cruel to leave that misleading info up there. A few suggestions based on my experience: 1. **Definitely** look into that 599 training program people mentioned. I wish I had known about it when I was in your shoes. If you can get approved for certain training/education, you might be able to extend benefits while learning new skills. 2. Since you had that part-time job for 6 weeks, call and ask specifically if you earned enough to file a new claim. Even if it's a long shot, it's worth checking. 3. Start your SNAP application TODAY if you haven't already. Don't wait until your last unemployment payment - the process can take a few weeks and you want it in place before you're completely without income. 4. Contact 211 for local resources. Some areas have emergency assistance specifically for when unemployment runs out. The job market is absolutely brutal right now despite the "low unemployment" headlines. Hang in there - you're definitely not alone in this struggle. Keep us posted on how things go! 💙
Thank you so much for this incredibly thoughtful and detailed response! It really helps to hear from someone who went through this exact same situation. The stress is definitely overwhelming - I keep waking up at 3am worrying about what I'm going to do next week. You're absolutely right about how cruel it is that they leave all that outdated information on the website. I've wasted so many hours trying to decipher pages that reference programs that ended 2+ years ago! I'm definitely going to start my SNAP application today like you suggested, and I'm going to call 211 first thing tomorrow morning. The 599 training program sounds like it could be a real game-changer if I can get approved. Thanks for taking the time to lay everything out so clearly - it gives me hope that there might be some options I haven't explored yet. I'll definitely keep everyone posted on how things go! 🙏
I'm really sorry you're going through this - the stress when benefits are ending is absolutely awful! I was in almost the exact same situation a few months ago and can totally relate to the panic and confusion. Unfortunately, what everyone here is saying is correct - the 13-week PEUC extension ended permanently in September 2021 along with all the other federal pandemic programs. NY is back to just the standard 26 weeks, and the fact that their website STILL mentions those old programs is honestly infuriating and misleading. However, there are still a few options worth exploring: 1. **599 Training Program** - This is huge! If you can get approved for certain vocational training or education programs, you can potentially get extended benefits while you're in school learning new skills. Definitely worth looking into ASAP. 2. **New Claim Possibility** - Since you mentioned working part-time for 6 weeks last summer, you should definitely call and ask if you earned enough (typically 10x your weekly benefit amount across multiple weeks) to qualify for a new claim when your current one expires. 3. **Other Assistance Programs** - Start applying for SNAP benefits NOW, not after your UI ends. Also look into HEAP for utility assistance and call 211 for local emergency programs. The job market really is brutal despite what the headlines say. I applied to over 300 jobs and got maybe 8 interviews before finally landing something. You're definitely not alone in this struggle - hang in there! 💪
Angel Campbell
Just file online and see what happens. The worst they can do is deny it and then you can appeal if needed.
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Jean Claude
I went through this same situation last year - filed a new claim about 8 months after my previous one ended. The key thing is having enough work history between claims like others mentioned. When you file online at labor.ny.gov, the system will automatically check if you meet the wage requirements. If you worked full-time at your new job for several months, you should be fine. Just make sure to have your employment dates and wage information ready when you apply. The whole process was pretty straightforward for me once I had all the documentation together.
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NebulaNomad
•@aa19e8277c27 That's really reassuring to hear it went smoothly for you! I'm in almost the exact same boat - my previous claim ended about 7 months ago and I just got laid off again last week. I've been stressing about whether there would be complications, but it sounds like as long as I have my W-2 and pay stubs from the job I just lost, the system should handle everything automatically. Did you get your first payment pretty quickly after filing, or was there still the usual waiting week?
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Romeo Barrett
•@aa19e8277c27 Thanks for the detailed info! I'm also wondering about the timing - when you filed your new claim, did it create a completely separate benefit year or did it somehow connect to your previous claim history? I want to make sure I understand how the system tracks multiple claims when I go to file.
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