


Ask the community...
Keep in mind these are the GROSS amounts before taxes. NYS Department of Labor will withhold federal taxes if you request it, and you'll still owe state taxes on unemployment benefits. So your actual take-home will be less than whatever weekly benefit rate you qualify for.
Good point about taxes! I hadn't thought about that. Is it better to have them withhold or just pay at tax time?
This whole system is so frustrating! Why don't they explain this stuff when you file for unemployment? I've been stressed about the same thing and now I find out I was worrying for nothing since I already have enough quarters.
totally agree, they should include this info in the NYS Department of Labor materials when you first apply
Exactly! I had to learn about this the hard way too. When I first filed, they gave me all these forms about weekly certifications and job search requirements, but nothing about how unemployment affects social security. Would have saved me months of unnecessary stress if they just included a simple FAQ about it.
I went through this exact worry when I was laid off from my construction job last year. Like others mentioned, you can create an account at ssa.gov and view your complete earnings history - it shows every year you worked and how much you earned. Since you've been working 35 years, you definitely have the 40 quarters needed. The unemployment gap won't hurt your eligibility at all, just might slightly reduce the final benefit amount since it's calculated on your highest earning years. Don't stress too much about it - you're in good shape for retirement!
That's really reassuring to hear from someone who went through the same situation! I keep forgetting that I can actually look up my own records online instead of just worrying about it. Construction work can be tough with layoffs - hope you found something good after that. I'll definitely check my ssa.gov account this weekend like everyone's suggesting.
I had trouble reaching NYS Department of Labor when my claim got stuck in adjudication for weeks. Calling their regular number was impossible - always busy or would hang up after being on hold forever. Someone here recommended Claimyr (claimyr.com) which helps you get through to actual agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me weeks of frustration trying to get my claim resolved.
Just wanted to add that I've been hiring in HR for 8 years in NY and we absolutely cannot and do not check unemployment records - it's not even legally accessible to most employers. The only time unemployment might come up is if YOU mention it in an interview, and honestly most hiring managers understand that layoffs happen and it's not a reflection of your work quality. Your dad's advice comes from an older generation when there was more stigma, but that's really not the case anymore. File immediately and don't stress about it affecting future opportunities!
At your hearing make sure you dress professionally and speak clearly. The ALJ wants to see that you take it seriously. Also if you have any union representation or employee handbook provisions about progressive discipline, bring those. Good luck!
I went through a similar misconduct appeal in NYS last year and won! Here's what really helped me: 1) Bring a timeline of events with dates showing when you received conflicting instructions, 2) If possible, get written statements from coworkers who witnessed the confusion about safety protocols, 3) Highlight any gaps in your training - the ALJ needs to see that your employer failed to provide adequate guidance. During the hearing, stay calm and factual. Don't get defensive, just explain how the conflicting instructions led to your confusion. The fact that you received three warnings over six months actually works in your favor - it shows a pattern of trying to correct behavior rather than willful disregard. You've got this!
Sean Kelly
Just to add - if you do end up leaving your job after the baby and want to return to work later, THEN you might be eligible for unemployment benefits if you're actively seeking work and available to accept a job. But during the immediate postpartum period when you're recovering and bonding, PFL and disability are your better options.
0 coins
Dmitry Ivanov
I'm in a similar situation and just wanted to share what I learned from my research. You definitely want to look into both Paid Family Leave (PFL) and short-term disability benefits. For the actual birth/recovery period, you might qualify for disability benefits (usually 6-8 weeks for vaginal delivery, longer for C-section). Then PFL kicks in for the bonding time. The key thing is that these run through your employer's insurance, not NYS Department of Labor unemployment. I'd recommend contacting your HR department ASAP to get the paperwork - some of it needs to be submitted before you go on leave. Also, if your employer has fewer than 50 employees, they might not be required to hold your job under FMLA, so definitely check on that too. Good luck with your baby!
0 coins