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oh yeah forgot about that part! you still gotta look for work even though you have the other job. kinda weird but thats the rule
I'm in a similar situation right now - lost my main job but still have a small side gig. From what I've researched, you definitely should file for partial unemployment benefits. The NYS DOL has a formula where they reduce your weekly benefit amount by 25% of whatever you earn from your remaining job. So if your weekly benefit rate would normally be $300 and you earn $240 from data entry, they'd reduce it by $60 (25% of $240) leaving you with $240 in unemployment benefits. Just make sure to report your data entry earnings honestly on each weekly claim or you could face penalties later.
I struggled with getting through to NYS Department of Labor to clarify this exact question when I filed last year. If you're having trouble reaching them by phone, I ended up using this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made the whole process much less stressful when I could actually talk to someone who explained how the multi-employer situation works.
Just want to add that having multiple employers might actually help your benefit calculation since NYS Department of Labor looks at your total earnings. As long as you meet the minimum wage requirements during your base period, you should be fine. The main thing is making sure you were separated from your last job for a qualifying reason.
That's a really good point about multiple employers potentially helping with the benefit calculation! @Isabella Ferreira since you mentioned your two jobs together made decent income, you might actually be in better shape than you think for qualifying.
I went through this exact situation about 8 months ago - waited almost 2 months to file because I thought I'd find something quickly. Big mistake! NY DOL was pretty firm that they don't backdate for "I didn't know I should file right away" situations. However, I did manage to get ONE extra week backdated because I had saved a screenshot of a website error I got when I first tried to file (even though I gave up and didn't try again for weeks). So if you have ANY documentation of technical issues, website crashes, or even confusing information you received, gather it all before calling. The harsh reality is that most of those 3 months are probably lost, but it's still worth that phone call with whatever documentation you can pull together. Good luck!
Thanks for sharing your experience! That's encouraging that you at least got one week back with that screenshot. I'm kicking myself for not documenting anything when I was job searching. I probably checked the website a few times but didn't think to save any error messages or anything like that. Sounds like I should still try calling even if my chances are slim - worst they can do is say no, right?
I'm in a similar boat - just filed my claim after waiting 2 months thinking I'd land something fast. From everything I'm reading here, it sounds like NY is pretty strict about not backdating unless you have one of those specific qualifying reasons. One thing that might help though - when you call, ask specifically about the "continuous claim" option if you had ANY interaction with their system during those 3 months. Sometimes even just creating an online account or starting an application (even if you didn't complete it) can establish an earlier effective date. Also, double-check if your employer provided any severance or continued benefits during November-December. Sometimes people don't realize they're not technically "unemployed" in the system's eyes if they received certain types of compensation. Worth a shot to call with whatever documentation you can gather, but definitely manage expectations based on what everyone else is saying here.
That's a really good point about checking if I had any interaction with their system earlier! I don't think I created an account or started an application, but I should double-check my browser history to see if I visited their site at all during those months. And you're right about the severance - I did get a small severance package when I was laid off in November, so I'm wondering if that might affect things. I think it was just a lump sum though, not ongoing benefits. Should I mention that when I call, or would that actually hurt my case for backdating? Thanks for the detailed advice - gives me a few more angles to think about before I make that call!
One more important thing - if you're doing freelance or gig work, you need to report that income in the week you performed the work, not when you got paid. This trips up a lot of people with unemployment claims.
This is such an important point that I wish the NYS Department of Labor made clearer! I made this mistake early on with some consulting work - I reported the income when I got paid two weeks later instead of when I actually did the work. Ended up having to call and straighten it out, which was a nightmare given how hard it is to reach someone. For anyone doing gig work, keep detailed records of when you actually performed the work, not just when payment hit your account.
Just want to add that if you're consistently earning close to or over your benefit amount, it might be worth considering whether to pause your unemployment claim temporarily. I had a few good weeks where I was making decent money from freelance work, and it made more sense to just not certify for those weeks rather than deal with the reduced benefits and potential complications. You can always resume your claim later as long as you're still within your benefit year. Just make sure to understand the rules about when you need to reopen vs. continue your existing claim.
That's really smart advice about pausing your claim! I didn't know you could do that. Is there a specific process for pausing it, or do you just skip certifying for those weeks? I'm worried about accidentally messing up my claim status if I don't certify when I'm supposed to. Also, do you know if there's a limit to how many weeks you can skip before it affects your eligibility?
Mateo Hernandez
The system is so confusing about who can and can't get benefits. I've heard different things from different people but sounds like as long as you're legal to work you should be fine. Good luck with your claim!
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Elijah Knight
I went through this exact same situation about 6 months ago - also a permanent resident who got laid off from a manufacturing job. Yes, you are definitely eligible! The key thing is that you've been paying into the unemployment insurance system through your payroll taxes, which gives you the right to collect benefits regardless of citizenship status. When you file your claim online, they'll ask about your work authorization but having a green card fully satisfies that requirement. Don't let anyone tell you otherwise - permanent residents have the same UI rights as citizens as long as you meet the work and wage requirements. File your claim as soon as possible since there can be waiting periods.
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Skylar Neal
•This is super helpful to hear from someone who went through the same thing! Did you have any issues during the application process or did it go smoothly once you submitted everything? I'm planning to file this week but want to make sure I have all my documents ready.
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