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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.
Good point, I'll probably just go ahead and file tomorrow. Thanks everyone for the help understanding how this works!
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.
Unfortunately, the two-quarter requirement is pretty strict - there's no real way around it. However, you might want to double-check which quarters your earnings actually fall into. If you worked that summer job from like June through August, your earnings might span the Apr-Jun and Jul-Sep quarters depending on when exactly you got paid. Also, if you had any other work (even just a few shifts somewhere else) in a different quarter, that could help you meet the requirement. Worth pulling together all your pay stubs to see exactly how your earnings are distributed across quarters before giving up!
@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.
my cousin works for unemployment (not in NY tho) and she says this happens all the time. most states give you like 26 weeks of payments but your "claim year" is 52 weeks. so yeah your claim is still active but you used all your weeks. thats why it wont let you file a new one yet.
I'm dealing with something similar right now! My benefit year doesn't expire until next summer but I've been getting "no weeks available" messages for the past month. It's so frustrating because the system makes it seem like you should still be able to claim benefits. I tried calling multiple times but gave up after waiting hours each time. Reading through these comments, it sounds like we're all in the same boat - exhausted our 26 weeks but still have an active claim period. Really wish NYSDOL would make this clearer on their website instead of leaving us all confused!
Update: I called NYSDOL this morning and got through after trying for hours. They confirmed everything everyone said here. I've opted for the direct payment card for now, and they told me it should arrive within 7-10 business days. Any pending payments will be loaded onto it once I activate it. Thanks everyone for your help with this!
Glad you got it sorted out! Make sure to activate the card as soon as you receive it. You'll also want to create an online account for the card so you can track payments and transfers. There's usually a website address included with the card documentation.
This whole situation is such a mess! I've been using my Chime account for unemployment since February and just found out about this change when I tried to certify yesterday. Like others have said, I got absolutely zero notification about this. I'm going to go with the NY Direct Payment Card option for now since I can't afford to wait weeks to open a new bank account. Does anyone know if there are any fees associated with the state debit card? And can you use it at any ATM or just specific ones? Really frustrated that they made this change with such little notice. Some of us rely on these payments and can't just switch banks overnight!
This happened to my cousin too - the identity verification thing. Once he uploaded his documents it took exactly 2 days and then all the pending payments came through at once. So you should be good soon!
Everett Tutum
The NYS Department of Labor will look at whether this was truly misconduct connected to your work. If you weren't under the influence AT work and this was just a failed test, there might be some wiggle room depending on your company's policies and how they were communicated to you. Document everything about your termination and file your claim as soon as possible.
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Yara Sayegh
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!
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