New York Unemployment

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Ask the community...

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The system is so rigged in favor of employers. They know most people can't afford lawyers to fight back so they just lie with impunity. Even if you win your unemployment case, there's rarely any consequences for them providing false information. It's infuriating but that's the reality.

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Same thing happened to my sister last year. Employer claimed she stole money when she was actually laid off due to budget cuts. She won eventually but it was a nightmare.

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If you have clear documentation showing they told you it was performance-related and now they're claiming misconduct, that's strong evidence of inconsistent statements. Document everything - save those emails, keep copies of your termination paperwork, and write down dates and details of any conversations you remember. During the adjudication process, present this evidence clearly and chronologically. While suing for defamation is theoretically possible, it's expensive and hard to prove damages beyond the unemployment benefits. Your best bet is to focus on winning the unemployment case first - if you can show their story changed, the adjudicator will likely rule in your favor.

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This is really helpful advice. I'm wondering though - if I do win the unemployment case and can clearly prove they lied, would that strengthen any potential defamation case? It seems like having an official ruling that their statements were false might make it easier to prove they knowingly provided incorrect information.

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also dont forget to certify every week going forward, not just the back weeks. i think the deadline is sunday but check your account

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Just went through this exact same process last month! A few tips that helped me: 1) You can definitely claim all 6 weeks retroactively - that's what the system is designed for. 2) When you're filling out the weekly certifications, take your time with each one because you can't go back and edit them once submitted. 3) For the work search requirement, even if you didn't keep perfect records during adjudication, be honest about what you remember doing - checking job boards, updating your resume, etc. all count. 4) The first payment usually takes about 2-3 business days after you certify, but subsequent weeks are faster. Don't panic if there's a slight delay on the first one. You've got this!

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This is super helpful, thank you! Quick question about the work search activities - do I need a specific number of job searches per week, or is it more about showing that I was actively looking? I did apply to a bunch of places but didn't think to keep detailed records at the time.

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Final update for anyone who finds this post later: My claim was approved! It took 5 days, not the 2-3 the agent initially said, but that's still way better than waiting for weeks. I got the determination letter today and my first payment should be processed next week. The key really was talking to an actual person who could understand my specific situation. Thanks everyone for your help and advice!

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Excellent news! Glad it worked out for you. This is a good example of why it's always worth applying even if you think you might not qualify. The rules have exceptions, and your specific circumstances matter.

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Congratulations on getting approved! This thread is super helpful for anyone dealing with the furlough-to-termination situation. I'm bookmarking this for future reference. It's crazy how the system can be so inconsistent - some people wait weeks while others get approved in days. Really shows the importance of getting the right agent who understands these edge cases. Thanks for sharing your updates throughout the process!

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This thread has been so educational! I'm currently on furlough myself and have been dreading the possibility of getting that termination letter. It's reassuring to know that there are provisions for our situation, even though the process seems so inconsistent. The fact that @CosmicVoyager got approved gives me hope. I'm definitely saving the info about Claimyr too - seems like having an actual agent who understands these edge cases makes all the difference. Thanks to everyone who shared their experiences here!

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Basically it's insurance against becoming unemployed. Just like car insurance protects you if you crash, unemployment insurance protects your income if you lose your job. The 'insurance' part means it's a program you pay into (through your employer) while working, then can claim benefits from when you need it.

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To add to what others have said, here are the key eligibility requirements for NY unemployment insurance: 1) You must have worked and earned wages in at least two calendar quarters during your "base period" (usually the first 4 of the last 5 completed quarters before you file), 2) You must have earned at least $2,600 in your highest-earning quarter, 3) Your total base period wages must be at least 1.5 times your highest quarter earnings. Since you worked for 2 years, you should easily meet the work history requirement. The "covered employment" mentioned earlier just means jobs where your employer paid unemployment insurance taxes - which is most regular W-2 jobs. Being laid off definitely counts as losing your job through no fault of your own.

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This is really helpful! I had no idea there were such specific dollar amounts involved. So if I understand correctly, I need to look at my pay stubs from the last year and a quarter to see if I meet those wage requirements? And since I was a regular W-2 employee at my last job, that should count as "covered employment"? This makes me feel more confident that I might actually qualify.

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Exactly right! You'll want to gather your pay stubs or W-2s from the base period to calculate your earnings. The NYS Department of Labor website has a benefit calculator that can help you estimate if you meet the wage requirements and what your weekly benefit amount might be. Since you were laid off from a regular W-2 job after 2 years, you're very likely to qualify. Just make sure to file your claim as soon as possible since there's usually a one-week waiting period before benefits start.

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This is such a basic question but the NYS Department of Labor makes everything so confusing! Why can't they just say 'most recent job title' instead of 'main occupation'?? The whole system is designed to trip people up I swear.

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I know right! Everything about filing unemployment is unnecessarily complicated.

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The terminology can definitely be confusing, but once you understand what they're looking for it gets easier to navigate the system.

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Just went through this same process last month! Definitely use "retail supervisor" since that was your most recent position. The NYS Department of Labor uses this mainly to categorize your claim and for their records. Your food service experience will still be valuable and you can include all of that work history in the employment section. The key is being consistent throughout your application - whatever you put as your main occupation should match what you list as your last job. Good luck with your claim!

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Thanks for sharing your recent experience! That's really helpful to know about being consistent throughout the application. I hadn't thought about making sure the main occupation matches what I put as my last job - that's a great point that could definitely save me from confusion later.

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