


Ask the community...
thanks for asking this question, I was wondering the same thing about exhaustee status but was too embarrassed to ask
Don't feel embarrassed at all @Alice Coleman! This exhaustee status is confusing and poorly explained by NYS DOL. I'm in a similar boat - hit my 26 weeks recently and had no idea what came next. From reading everyone's responses here, it sounds like the key is figuring out if you earned enough wages during your benefit year to qualify for a new claim. I worked some gig jobs while collecting so I'm hoping that might be enough. Going to try filing a new application online this week. Really wish the state would send out clearer notifications about your options when you hit exhaustee status instead of leaving people to figure it out themselves.
@TechNinja you're absolutely right about the poor communication from NYS DOL! I just went through this same situation last month. When you file that new application online, make sure you have all your wage information ready - they'll ask about every employer you worked for during your benefit year, even part-time or gig work. The system will automatically calculate if you meet the wage requirements. One tip: if your application gets denied initially, don't give up - sometimes you need to speak with an agent to review your wages properly. Good luck with your application!
This gives me hope! I'm waiting for my appeal hearing date still. Did you have to provide a lot of documentation or was it mostly just your testimony? I'm worried I don't have enough evidence to prove my case.
@aa5de8e68cf8 That's really helpful advice about bringing documentation! I have some emails from HR and my paystubs showing the income drop, so I'll make sure to organize all of that. Did the hearing feel intimidating or was the judge pretty understanding?
@aa5de8e68cf8 The hearing wasn't as scary as I thought it would be! The administrative law judge was actually pretty professional and seemed genuinely interested in getting to the facts. They asked straightforward questions and gave both sides a chance to explain their position. Just be honest and stick to the facts - having your documentation organized like Justin mentioned really does help your credibility.
Congratulations Justin! That's such a relief after 8 weeks of stress. Just wanted to add that you should also keep an eye on your tax situation - the back pay will likely be reported as taxable income all in one year even though it covers multiple weeks. You might want to set aside some money for taxes or consider having them withhold federal taxes from your future payments if you haven't already. I learned this the hard way when I got my back pay and ended up with a bigger tax bill than expected. But definitely celebrate this win - the appeal process is exhausting and you deserved to win!
The system is SO confusing! I thought I was going to get way more than I actually got. They calculate it weird with all these quarters and base periods. Why can't they just use your last few paystubs like normal people would expect??
Just went through this process myself recently. One thing to keep in mind is that the weekly benefit amount also depends on whether you have any part-time earnings while collecting unemployment. If you work part-time while on unemployment, they deduct a portion of those earnings from your weekly benefit, but you can still earn up to a certain amount without losing your full benefit. Also, don't forget that unemployment benefits are taxable income - you can have taxes withheld or you'll owe when you file your tax return. The NYS Department of Labor website has a benefit calculator tool that can give you a rough estimate based on your earnings history if you want to get a better idea before you actually need to file.
That's really helpful info about the part-time work rules! I didn't know you could still earn some money while collecting benefits. Do you remember what the threshold was for how much you can earn before they start reducing your weekly benefit amount? I might need to pick up some shifts here and there to make ends meet.
Congrats on getting through! I'm dealing with a similar situation right now - been calling for 2 weeks with no luck. Can I ask what time zone you're in? I want to make sure I'm calling at the right 8:00am (Eastern I assume?). Also, when you say you used the 1-5-2-1 sequence, did you wait for each menu to fully play out or did you press the numbers quickly? I've been pressing buttons too fast and wondering if that's part of my problem.
Yes, it's Eastern Time! And I learned the hard way that you need to wait for each menu option to finish before pressing the next number. When I was pressing buttons too quickly, it would sometimes kick me back to the main menu or disconnect me entirely. Give each prompt about 2-3 seconds to register before hitting the next number in the sequence. Also, make sure your phone volume is up so you can hear if the system is actually accepting your inputs. Good luck - persistence really does pay off!
Just wanted to share another approach that worked for a friend of mine - she contacted the NY Department of Labor through their Twitter account (@NYSLabor) with a brief explanation of her issue and how long she'd been trying to call. They actually responded within a few hours and escalated her case internally. She got a callback within 2 business days. Might be worth trying social media pressure if the phone calls keep failing. Sometimes public visibility gets faster results than the regular channels.
Emma Davis
Just want to emphasize what others have said - definitely file with NYS Department of Labor since you've been working from Buffalo. I went through this exact situation a few months ago (remote work for an out-of-state company) and NYS processed my claim without any issues. One tip: when you file online, make sure to clearly indicate that you were working remotely from New York in the work location section. It helps avoid any confusion during the review process. The whole application took me about 45 minutes to complete, and I started receiving benefits within 2 weeks.
0 coins
Yara Khoury
•That's really reassuring to hear from someone who went through the exact same situation! I was getting anxious about potential complications, but knowing that NYS processed your claim smoothly gives me confidence. The tip about clearly indicating remote work from New York in the work location section is super helpful - I definitely want to avoid any confusion that could delay the process. Thanks for sharing your timeline too, it's good to know what to expect for processing time.
0 coins
Yara Nassar
Another thing to keep in mind - when you file with NYS Department of Labor, they might ask for verification that you were actually working from New York. I'd recommend gathering some documentation like utility bills, lease agreement, or other proof showing you were physically residing and working in Buffalo during your employment period. Also, if your California employer has any questions about the unemployment claim, they'll be dealing with NY state rather than their home state system, which sometimes causes minor delays in their response to benefit verification requests. But this shouldn't affect your eligibility at all since you clearly meet NY's requirements.
0 coins