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Just be really careful about this stuff. I reported my wages wrong once and they hit me with an overpayment notice months later. NYS Department of Labor doesn't mess around with wage reporting errors.
@Savanna Franklin How long did it take for them to catch the error? I m'worried I might have made a mistake on one of my recent claims and wondering if I should contact them proactively to fix it or wait to see if they notice.
@Savanna Franklin This is really concerning to hear! I m'new to filing unemployment claims and want to make sure I get this right from the start. When you say you reported wages wrong, was it because you didn t'include tips or because you reported wages for the wrong week? I m'trying to understand the most common mistakes so I can avoid them. Also, did NYS Department of Labor give you any guidance on how to prevent this in the future?
For tips specifically - if you're in a restaurant job, make sure you're reporting what you actually received, not what the restaurant reports as your tip income. Sometimes there's a difference and you want to be accurate on your weekly claim certification.
@Natasha Orlova You should report the gross tips before any tip-outs or deductions. NYS Department of Labor wants to see your total earnings before any splits with kitchen staff or processing fees. Think of it this way - if you earned $100 in tips but had to tip out $20 to the kitchen, you still earned $100 in wages that week. The tip-out is just how you distributed your earnings afterward. I learned this the hard way when I first started filing - better to over-report slightly than under-report and face an overpayment situation later.
@Mateo Martinez Thanks for clarifying this! I m'still learning the system and this tip-out situation has been confusing me. Just to make sure I understand - if I earned $150 in tips during my shift but tipped out $30 to bussers and kitchen staff, I should report the full $150 on my weekly certification? And does this apply to other deductions too, like if the restaurant takes out credit card processing fees from my tips? I want to be absolutely certain before I file my next claim.
yeah this happened to me too, employers don't really care about unemployment stuff as long as you can start when they need you
I'm going through something similar right now - my claim has been pending for over a month and it's definitely affecting my job search momentum. The stress of not knowing when or if benefits will come through makes it hard to stay focused during interviews. I've found it helps to frame it as "navigating administrative processes" rather than dwelling on the delays when talking to employers. The uncertainty is the worst part though - at least when you know your financial situation you can plan accordingly.
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!
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.
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.
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.
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.
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?
@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.
Landon Morgan
After reading through this thread, I wanted to share what finally worked for me when I was in this exact situation in February. I tried for weeks to get through the regular channels without success. What finally worked was using Claimyr (claimyr.com) to get through to an agent. Once I actually spoke to someone, they identified a system flag on my account that needed manual clearing - took the agent about 2 minutes to fix once I got through. All my pending payments hit my account 48 hours later. Their video demo (https://youtu.be/Rdqa1gKtxuE) shows how it works. Definitely worth considering if you've been stuck for 8 weeks already.
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Tasia Synder
•Thank you for this suggestion. I'm going to try the early morning calls tomorrow as someone suggested, but if that doesn't work I might try this service. At this point I just need to talk to a real person who can actually see what's wrong with my claim.
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Lourdes Fox
•Just to add to this discussion - while services like that can help you reach an agent faster, you can also try contacting your state representative's office. They often have dedicated staff who can escalate unemployment issues. It's a free option worth trying if you're having trouble connecting with NYSDOL directly.
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Selena Bautista
Any updates? Were you able to get through to anyone or resolve this?
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Tasia Synder
•UPDATE: I finally got this resolved! After trying for days to call with no luck, I ended up using Claimyr to get through to an agent. The agent told me my account had been flagged for "quarterly review" but nobody had actually reviewed it - it was just sitting in a queue. She cleared it manually and all my pending payments were processed within 48 hours. All 8 weeks of back pay hit my account yesterday! Such a relief. Thank you to everyone for the advice and support.
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StarSailor
•@Tasia Synder That s'fantastic news! So glad you got it resolved and got all your back pay. This gives me hope for my own situation - I ve'been stuck in pending for 3 weeks now. Going to try Claimyr myself based on your success. It s'ridiculous that we have to use third-party services just to reach our own state agency, but whatever works at this point. Thanks for updating us!
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