New York Unemployment

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Ask the community...

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I'm sorry you're going through this tough situation. From what I understand about NY unemployment law, failing a drug test is generally considered "misconduct connected with work" which would disqualify you from benefits. However, every case is different and there can be nuances - like whether your employer had a clear drug policy that was properly communicated, or if there were any medical factors involved. I'd recommend filing your claim anyway since the determination process will review all the specifics of your case. You have nothing to lose by applying, and if you're denied, you can always appeal. Make sure to gather any documentation about your employment, the drug test process, and your termination. Good luck!

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This is really helpful advice! I'm wondering though - if someone does get denied initially, how strong are the chances on appeal? And do you know if having a clean work record before this incident makes any difference in how they evaluate the case?

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Hey Tobias, I'm really sorry you're dealing with this situation. I actually work in HR and have seen cases like yours before. While failing a drug test is typically classified as misconduct, there are some factors that could potentially work in your favor. For instance, if your employer didn't have a clearly written drug policy in your employee handbook, or if they didn't follow proper testing procedures, that could be grounds for your claim. Also, the timing matters - some people have successfully argued that off-duty conduct shouldn't disqualify them if it didn't directly impact their work performance. I'd definitely recommend filing your claim and being completely honest about the circumstances. Make sure to mention your 8 months of good work history too, as that shows you were a reliable employee. The worst case scenario is they deny it, but at least you'll have tried. And if denied, the appeal process gives you another chance to present your case with more documentation.

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This is really insightful, Andre. The point about the employer's drug policy documentation is something I hadn't considered. @Tobias Lancaster - do you remember if you signed a specific drug policy acknowledgment when you started, or was it just mentioned in general employee orientation? That detail could be really important for your case. Also, since you mentioned this was a random "test," it might be worth checking if your employer follows consistent testing procedures for all employees. Sometimes inconsistent enforcement can work in your favor during the review process.

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Just file your claim anyway - the worst they can say is no. I filed not knowing if I qualified and turns out I did. The NYS Department of Labor system will tell you pretty quickly if you don't meet the wage requirements.

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Good point, I'll probably just go ahead and file tomorrow. Thanks everyone for the help understanding how this works!

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Just to add some clarity - you also need to have worked in at least two different quarters during your base period to qualify. So it's not just about hitting the $2,600 total, you need to have earnings spread across multiple quarters. This trips up a lot of people who had all their earnings concentrated in just one quarter. The NYS Department of Labor website has a benefit calculator that can help you figure out if you qualify before you file.

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This is really helpful info! I didn't know about the two-quarter requirement. I think I might be in trouble because most of my earnings were from one job I had over the summer. Does anyone know if there's any way around this rule or am I just out of luck?

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@GalaxyGlider Unfortunately there isn't really a way around the two-quarter rule - it's pretty strict. However, you might want to check if NYS has an alternate base period option. Sometimes they can look at more recent quarters if you don't qualify under the standard base period. It's worth calling to ask about, or you could try that Claimyr service someone mentioned earlier to get connected with an agent who can review your specific situation.

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my cousin works for unemployment (not in NY tho) and she says this happens all the time. most states give you like 26 weeks of payments but your "claim year" is 52 weeks. so yeah your claim is still active but you used all your weeks. thats why it wont let you file a new one yet.

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I'm dealing with something similar right now! My benefit year doesn't expire until next summer but I've been getting "no weeks available" messages for the past month. It's so frustrating because the system makes it seem like you should still be able to claim benefits. I tried calling multiple times but gave up after waiting hours each time. Reading through these comments, it sounds like we're all in the same boat - exhausted our 26 weeks but still have an active claim period. Really wish NYSDOL would make this clearer on their website instead of leaving us all confused!

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This happened to my cousin too - the identity verification thing. Once he uploaded his documents it took exactly 2 days and then all the pending payments came through at once. So you should be good soon!

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That's reassuring to hear! I just submitted my documents this morning so hopefully I'll see the payments by Friday. It's such a relief to finally know what was holding everything up. The whole process is way more complicated than I expected for first-time filers.

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Great to see this got resolved! For anyone else reading this thread who might be in a similar situation - identity verification delays are super common, especially if you've moved recently or if there are any discrepancies between your current info and what's on file with previous employers. The key is definitely calling to find out exactly what they need rather than just waiting and hoping. I've seen people wait months when it could have been resolved in days if they'd just called sooner. The automated system won't give you the details you need - you really do need to speak with a live person to get the specifics of why your claim is under review.

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This whole situation is such a mess! I've been using my Chime account for unemployment since February and just found out about this change when I tried to certify yesterday. Like others have said, I got absolutely zero notification about this. I'm going to go with the NY Direct Payment Card option for now since I can't afford to wait weeks to open a new bank account. Does anyone know if there are any fees associated with the state debit card? And can you use it at any ATM or just specific ones? Really frustrated that they made this change with such little notice. Some of us rely on these payments and can't just switch banks overnight!

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I'm in the exact same boat! Just found out about this yesterday too. From what I've read, the NY Direct Payment Card doesn't have monthly fees, but there might be ATM fees if you use out-of-network ATMs. You should be able to use it at most ATMs that accept MasterCard or Visa (whichever network the card uses). There's usually a list of fee-free ATMs that comes with the card info. Also, you can typically do one free withdrawal per month at any ATM. Hope this helps - we're all figuring this out together!

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Just wanted to share my experience for anyone still dealing with this mess - I switched to a local credit union after this Chime thing happened and it was actually way easier than I expected. Took about 30 minutes to open the account online and they had zero fees for basic checking. The direct deposit switch in the NYSDOL portal was instant once I had the routing/account numbers. I know it's frustrating having to change everything, but honestly the credit union has been better than Chime in a lot of ways. No random holds on deposits, better customer service, and I don't have to worry about them randomly changing their policies. If anyone needs suggestions for fee-free credit unions in NY, I can share what I found!

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That's really helpful to know! I'd definitely appreciate any suggestions for fee-free credit unions in NY. I'm in the Buffalo area if that makes a difference. I was dreading having to deal with traditional banks and all their fees, but if credit unions are actually better than what I had with Chime, maybe this change won't be so bad after all. How long did it take for your first unemployment deposit to go through to the new account?

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