


Ask the community...
This thread has been super helpful! I'm dealing with a similar situation where I live in Pennsylvania but work in Manhattan. I was getting stressed about potentially filing in the wrong state and having to start over. It's reassuring to know that since my paychecks come from a NY employer and taxes were withheld for NY, I should definitely file with NYS Department of Labor. The interstate commuter situation is definitely more common than people think, especially in areas like NYC where people live across state lines for housing costs but work where the jobs are.
@Lucy Taylor You re'absolutely right about the interstate commuter situation being super common! I m'in a similar boat - live in New Jersey but work in NYC. When I first lost my job last year, I made the mistake of calling both states trying to figure out where to file. Wasted so much time! The NY rule is really straightforward once you know it - if your W2 shows New York wages, that s'where you file. The NYS Department of Labor website actually has a pretty clear FAQ section about this exact scenario if anyone needs it in writing. It definitely helps reduce the stress when you know you re'doing it right from the start.
Thanks for this thread! I'm in a similar situation - live in New Jersey but work in Brooklyn. I was getting conflicting advice from friends and family about which state to file with. Some people kept telling me to file in NJ since that's where I'm a resident, but based on what everyone's saying here, it sounds like NYS Department of Labor is definitely the right choice since that's where I've been earning wages and paying into the system. It's good to know this is such a common situation for tri-state area workers. I feel much more confident about filing now instead of second-guessing myself.
same boat here, been on UI for 6 weeks and house hunting is on hold indefinitely. so frustrating when you know it's just temporary but lenders treat you like you're unemployable
I work as a loan officer in NY and can shed some light on this. While unemployment does make approval more challenging, it's not automatically disqualifying. Many lenders will consider your wife's income as the primary qualifying income and may accept unemployment benefits as supplemental income with proper documentation from NYS Department of Labor. The key factors are: 1) Your wife's debt-to-income ratio on her salary alone, 2) Your credit scores and assets, 3) Documentation showing the layoff was company-related not performance-related, and 4) A reasonable timeline for returning to work. I'd recommend getting pre-qualified with 2-3 different lenders since policies vary significantly. Some are much more flexible with temporary unemployment situations, especially in construction where seasonal/cyclical layoffs are common.
This is really helpful insight from someone in the industry! @ef7084b4b048 Do you think it would be worth mentioning to lenders upfront that construction layoffs are seasonal/cyclical? I'm wondering if that context might help them understand this isn't a performance issue. Also, when you say "reasonable timeline for returning to work" - what do lenders typically consider reasonable? Spring construction season should start picking up in the next 2-3 months here in NY.
I was in almost the exact same situation last fall! My hours dropped from full-time to about 12-15 hours per week at my retail job. Filing for partial unemployment was honestly a lifesaver. The process is pretty straightforward - you apply just like you would for regular unemployment, but then each week when you certify, you report your actual earnings. The system automatically calculates how much benefit you get based on what you earned that week. One thing that surprised me was that I could still get some benefits even when I had a slightly better week with more hours. As long as your weekly earnings are below your maximum benefit amount, you'll get something. Just be patient with the initial application process - it took about 3 weeks for my first payment to come through, but once it was set up, the weekly claims were easy to do online.
This is exactly what I needed to hear! Thank you for sharing your experience. The 3-week wait for the first payment is good to know - I was wondering how long the initial setup takes. It's reassuring to know that even if I have a better week with a few more hours, I might still get some benefit. I'm definitely going to start the application process this week.
I'm currently going through this exact situation! My manufacturing job cut my hours from 40 to around 20 per week back in January. I was nervous about applying at first because I thought you had to be completely unemployed, but the partial unemployment benefit has been a huge help. One tip I wish someone had told me earlier - when you're reporting your weekly earnings, make sure you report your gross pay (before taxes), not your take-home pay. I made that mistake in my first few certifications and had to correct it later. Also, keep detailed records of your hours and pay stubs because NYS Department of Labor may ask for verification. The weekly certification process becomes routine once you get used to it - I just do mine every Sunday morning now. Don't let anyone make you feel bad about using this benefit - it's exactly what it's designed for when your employer reduces your hours through no fault of your own.
My cousin quit her job last month because her employer kept changing her shift times with no notice and she couldn't arrange childcare. She's going through the adjudication process now but her case worker told her that sudden schedule changes without reasonable notice can sometimes qualify as good cause, especially if you have dependent care responsibilities. Every situation is different though so definitely don't quit without talking to someone first.
I went through something similar with a retail job where management was making my work environment unbearable. One thing that really helped my case was keeping a detailed log of every incident - dates, times, witnesses present, and exactly what was said or done. I also saved all communications (texts, emails, schedule changes) and took photos of any written notices or schedules they posted. When I finally quit and applied for UI, having that documentation made all the difference. The adjudicator could see a clear pattern of problematic behavior from my employer. Also, make sure you exhaust all internal options first - file complaints with HR in writing (not just verbal), follow your company's grievance procedure if they have one, and keep copies of everything. NYS Department of Labor really wants to see that you tried to resolve things before quitting. It's frustrating but worth doing if you want the best shot at getting benefits approved.
Aisha Khan
I went through this same situation a few months ago - also got denied for "misconduct" when I was actually laid off due to company restructuring. I ended up hiring a lawyer and it was worth every penny. The attorney knew exactly what evidence to request from my former employer and how to present my case. We won the appeal and I got all my back benefits. If you're worried about cost, many lawyers will work on contingency for unemployment cases or offer payment plans. Don't let your employer's false misconduct claim stand - fight it!
0 coins
Rami Samuels
•This is really helpful to know! I'm definitely leaning towards getting a lawyer now, especially hearing that you won and got your back benefits. Do you mind me asking roughly how much the legal fees were? And when you say "contingency" - does that mean they only get paid if you win the case?
0 coins
Paolo Marino
•Yes, contingency means they only get paid if you win! My lawyer charged 25% of the back benefits I received, which seemed fair since I wouldn't have gotten anything without their help. The total fee ended up being around $800 but I got over $3,000 in back unemployment payments, so it was definitely worth it. Some lawyers also do flat fees for unemployment appeals - I got quotes ranging from $500-1500. The key is finding someone who specializes in employment law and has experience with NYS Department of Labor hearings specifically.
0 coins
Axel Far
I'm in a similar situation and have been researching this myself. One thing I learned is that NYS has legal aid organizations that offer free or low-cost help with unemployment appeals if you qualify based on income. The Legal Aid Society and some local bar associations have programs specifically for unemployment cases. Also, if you do decide to represent yourself, make sure to request all the documents your employer submitted with their misconduct claim - you have a right to see their evidence before the hearing. The fact that your termination letter mentions budget cuts should work strongly in your favor. Document everything and don't be afraid to ask the hearing officer to clarify anything you don't understand during the process.
0 coins
Lucas Kowalski
•This is great advice about the legal aid organizations! I didn't know NYS had specific programs for unemployment appeals. @Axel Far do you happen to know how to find these local bar association programs? I ve'been searching online but having trouble locating the right resources. Also, when you mention requesting the employer s'documents - is there a formal process for that or do I just ask during the hearing? I want to make sure I m'following all the proper procedures.
0 coins