New York Unemployment

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Ask the community...

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Hey Freya, I'm really sorry to hear about your layoff - the tech market has been absolutely brutal lately. Just went through this myself a few months ago. Everyone here is right about the 26 weeks being the max, but I wanted to add something that helped me stretch things a bit further. If you can find ANY part-time or freelance work (even just a few hours a week), NY has a partial benefit system where you can still collect some unemployment while earning a little extra. The formula is complicated but basically if you earn less than your weekly benefit amount, you'll still get some payment and those "partial weeks" don't count as full weeks against your 26-week limit. It's not much but every little bit helps when you're dealing with NYC rent. Also seconding what others said about talking to an actual agent - I used that Claimyr service too after days of busy signals and it was worth every penny to get real answers about my specific situation. Hang in there and cast that net wide in your job search!

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@Debra Bai This is exactly what I needed to hear! I m'the original poster and I ve'been so stressed about the 26-week timeline, but the partial benefits thing could be a game changer. I ve'actually had a couple of companies reach out about short-term contract work but I was terrified it would mess up my unemployment. If those partial weeks don t'eat into my full 26 weeks, that could really help me stretch things out while I keep looking for a full-time role. Do you happen to remember what the earnings threshold was before they started cutting benefits? I m'thinking even picking up some freelance dev work a few hours a week could help with these crazy NYC expenses. Thanks so much for the advice - this gives me some actual hope!

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@Debra Bai This is such valuable information! I had no idea about the partial benefits system or that partial weeks don t'count against your 26-week limit. I ve'been so worried about the timeline that I ve'been turning down any freelance opportunities, but this completely changes my perspective. The fact that you can earn some money AND potentially extend your benefit period is exactly what I needed to know. I m'definitely going to look into some part-time dev work now. Do you happen to remember if there s'a specific day of the week you need to report earnings when you certify? I want to make sure I don t'mess anything up with the reporting. Thanks so much for sharing your experience - this gives me actual hope that I can make it through this job search without completely draining my savings!

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I'm in a similar situation - got laid off from my marketing job about a month ago and just started collecting benefits. Reading through all these comments is honestly both helpful and terrifying! The 26-week limit seems so short when you're dealing with this job market. I had no idea about the partial benefits thing that @Debra Bai mentioned - that could be a real lifesaver. I've been turning down some part-time opportunities because I thought it would mess up my unemployment, but now I'm wondering if I should reconsider. Also seeing so many people mention that Claimyr service to actually get through to an agent - might have to try that since I've been playing phone tag with the DOL for weeks. Thanks everyone for sharing your experiences, even if they're a bit scary. At least we're all in this together!

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@Lia Quinn I totally get that mix of helpful and terrifying! I m'new to this whole unemployment thing too and honestly didn t'realize how complicated it all was until I started digging into it. The partial benefits thing @Debra Bai mentioned really caught my attention too - seems like there might be more flexibility than we initially thought. I ve been'so focused on the scary 26-week deadline that I hadn t even'considered how part-time work might actually help extend things rather than hurt. Maybe we should both look into that Claimyr service since so many people here seem to have had success with it? At this point I m willing'to try anything to get some real answers instead of just guessing based on forum posts no offense (to everyone sharing their experiences - it s super'helpful! . Good)luck with your job search!

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Wait I'm so confused about all this base period stuff. What if I just started working this year? Do I not qualify then?? This is so stressful

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If you don't have enough wages in the standard base period, they can use an alternate base period which looks at more recent quarters. Don't panic - there are options even for newer workers.

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@Grace Durand - Before you make any decisions about quitting, I'd strongly recommend documenting everything about these terrible working conditions you mentioned. Take photos, save emails, keep records of incidents with dates and times. If you do decide to leave, having solid documentation will be crucial if the Department of Labor needs to determine whether you had "good cause." Also, have you considered talking to HR or filing complaints with OSHA if it's truly unsafe? Sometimes addressing the issues first can strengthen your case if you do end up needing to quit and file for unemployment.

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@Emily Thompson That s'really good advice about documenting everything first. I haven t'thought about going to HR or OSHA yet - I guess I was just so focused on wanting to get out that I didn t'consider those steps. You re'right that it would probably help my case if I tried to address the problems through proper channels first. Do you know if there s'a specific timeframe I need to give my employer to fix issues before I can claim good cause for quitting?

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The NYS Department of Labor system is so confusing! I filed right away when I got laid off but then had to do all this job search stuff and prove I was looking for work. Make sure you understand the requirements before you start getting benefits or they'll hit you with an overpayment later.

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Good point - you need to register with the state job search website and log your job search activities. It's 3 job search activities per week once you start receiving benefits.

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Also want to mention - when you file your claim, be completely honest about the circumstances of your termination. The DOL will contact your former employer to verify details, and any inconsistencies can cause major delays or even disqualification. Even if you were fired for performance issues (not misconduct), you may still be eligible. The key difference is that misconduct involves intentional wrongdoing, while poor performance is usually not considered misconduct under NY unemployment law.

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This is really important advice! I was actually fired for attendance issues (had some health problems that made me late frequently), but it wasn't intentional misconduct. Should I explain the full situation when I file, or just stick to the basic facts? I don't want to hurt my case but I also don't want to seem like I'm hiding anything.

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unpopular opinion but the whole system needs to be rebuilt from scratch its literally held together with duct tape at this point 🤡

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fr fr its like they're running it on windows 95 or smthing

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Had this exact same issue last month! Turns out my claim was stuck in some kind of review queue even though I got the approval texts. What finally worked for me was calling the technical support line (not the regular claims line) at 888-581-5812. They have a separate queue for website/system issues and I actually got through in about an hour. The rep was able to see that my account had some kind of flag that was preventing certification and cleared it on the spot. Worth trying before paying for those callback services!

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OMG thank you so much for this!! 🙏 I've been going crazy trying to figure this out. Definitely calling that tech support number tomorrow morning. Did they say how long the review flag thing usually takes to clear up? Really hope this works because I can't afford to miss any more certification weeks

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Just make sure you have documentation of everything - your performance reviews, any disciplinary actions, emails, etc. If they contest your claim you'll want evidence to support your case during the adjudication process.

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I went through something similar a few months ago. When you file your claim online with NYS DOL, be very detailed about the circumstances of your termination. Write down exactly what your supervisor said and any context about the "performance issues" they mentioned. If you have any employee handbook pages about progressive discipline or performance improvement processes that weren't followed, that could help your case. The system is designed to help workers who lose their jobs through no fault of their own, and lack of proper training/feedback sounds like it falls into that category. Don't let them intimidate you - you paid into this system and have every right to file a claim.

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