New York Unemployment

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thanks for asking this, I was wondering the same thing

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I work as a benefits counselor and want to clarify a few things here. While the one-year rule is generally true, New York has some specific provisions you should know about. First, if you can show "good cause" for the delay in filing (like serious illness, family emergency, etc.), they may waive the time limit. Second, any W-2 employment - even just a day or two - can potentially establish a new base period and reset your eligibility window. The gig work you mentioned could count if you received W-2s rather than 1099s. I'd strongly recommend going to your local Department of Labor office in person rather than just calling - they're often more helpful face-to-face. Bring any documentation of work you did after January 2024, even if it was minimal. Don't let anyone discourage you from trying - I've seen people get approved in situations that seemed hopeless.

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Thank you so much for this detailed explanation! This gives me hope. I do have some W-2s from a few temp jobs I did in the spring and summer of 2024. Should I gather all of those before going to the local office? Also, do you know if having a gap in employment affects the "good cause" determination, or is it more about why you didn't file initially?

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Don't stress about it too much. Most employers are pretty straightforward with these forms since they know NYS Department of Labor will investigate if there are discrepancies. Just make sure you have your facts straight about your last day and reason for leaving.

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I went through this same situation last year when I got laid off from my marketing job. The NYS Department of Labor form they send to employers is pretty straightforward - it's called a Notice of Unemployment Insurance Claim (Form IA 12.3). Your employer will need to provide your dates of employment, weekly wages, and the reason you separated from employment. Since you mentioned it was due to budget cuts, that should be classified as a "lack of work" separation which generally doesn't disqualify you from benefits. The whole process is routine for HR departments, so try not to worry too much about creating drama.

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That's really helpful Vincent! I didn't know there was a specific form number. Since you went through this recently, how long did it take for your former employer to respond? I'm hoping to get my benefits started as soon as possible since I'm already stressed about making rent next month.

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Ugh employers always try to make you feel guilty about claiming benefits you EARNED. You paid into this system through your work, don't let him intimidate you!

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Your boss is trying to intimidate you, which unfortunately happens more than it should. The NY unemployment system is experience-rated, meaning employers with higher turnover and more claims see gradual increases in their tax rates over time - but this happens slowly and is based on overall patterns, not individual claims. Your specific weekly benefits come from the state fund that all employers pay into. Since you were laid off (not fired for misconduct), you absolutely qualify for benefits and shouldn't feel guilty about claiming them. Document that phone call from your boss in case he tries to contest your claim improperly - harassment of former employees over legitimate UI claims can actually get employers in trouble with the Department of Labor.

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DON'T FILE if you were fired for misconduct, quit without good cause, or are on strike. NYS Department of Labor will deny your claim and you might have to wait longer to reapply. Make sure you understand your situation first!

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How do they define misconduct exactly? I was written up a few times for being late but nothing major.

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my cousin filed when she got her hours cut from full time to part time and still qualified for partial benefits, so thats another option if your not completely unemployed

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This thread has been super helpful! I'm in a similar situation and was also overthinking what to send. Based on everyone's experiences here, it sounds like the 2024 W2 alone should be sufficient. I especially appreciate the DOL rep confirming that extra documents can actually slow things down - that's exactly what I needed to hear to stop second-guessing myself. Quick question for those who uploaded online: did you scan your W2 or just take a clear photo with your phone? My scanner is acting up and I want to make sure a phone photo would be acceptable quality-wise.

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I used my phone camera for mine and it worked perfectly! The key is good lighting and making sure you can clearly read all the numbers and text. I held my phone directly above the W2 on a flat surface and made sure there were no shadows or glare. The file size was actually smaller than a scan too, so it uploaded faster. Just double-check the image before submitting to make sure everything is crisp and readable - zoom in on the important parts like your SSN, employer info, and wage amounts. If any part looks blurry, retake it. Much easier than dealing with a finicky scanner!

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Just wanted to add my experience from last year - I was in the exact same boat as you, totally overthinking what to send! I ended up just submitting my W2 through the online portal and it was approved without any issues. The whole process took about 8 days from submission to approval. One thing that really helped ease my anxiety was calling the DOL helpline before submitting (though I know that can be hit or miss getting through). The rep I spoke with confirmed that for most people with standard employment, the W2 is all they need. She also mentioned that if they need anything additional, they'll send you a specific request rather than rejecting your claim outright. The online upload is definitely the way to go - you get that immediate confirmation number and can check the status. Just make sure your scan/photo is crystal clear. Good luck!

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Thanks for sharing your experience, Grace! It's really reassuring to hear that you were in the same overthinking mindset and it worked out fine with just the W2. Eight days for approval sounds pretty reasonable too. I think I'm definitely going to go with just the 2024 W2 uploaded online based on everyone's advice here. The confirmation number and status checking features sound really helpful for peace of mind. Did you have to follow up at all during those 8 days, or did you just wait and it got processed automatically?

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