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Other qualifying separations include being fired for reasons other than misconduct, layoffs, plant closures, or leaving due to domestic violence. The key is proving you didn't quit without good cause. Your hour reduction sounds like it would qualify but be prepared for them to contact your employer during the investigation.
Will my employer try to fight the claim? I'm worried they'll say I could have stayed with the reduced hours.
I went through this exact situation last year with NYS Department of Labor. A reduction from 40 to 15 hours is definitely substantial enough to qualify as good cause for leaving - that's over a 60% cut in your income! When you file your claim, make sure to select "reduction in hours/wages" as your reason for separation. The department will likely schedule a phone interview to get more details about your situation. Be prepared to explain that the reduced hours made it impossible to meet your basic living expenses and that your employer couldn't provide a timeline for when hours would be restored. I'd also recommend documenting any job search efforts you made while still employed at reduced hours, as this shows you tried to mitigate the situation before leaving.
This is really helpful advice! I didn't realize there was a specific "reduction in hours/wages" option when filing. Should I wait to hear back from the phone interview before starting to look for new work, or can I job search while my claim is being processed? I want to make sure I'm following all the requirements correctly.
UPDATE: I tried again this morning and still nothing. Used a different browser too. I finally broke down and called them. After 2.5 hours on hold (!!!) I finally got through. Turns out there was a "program review" flag on my account that was blocking me from certifying. The agent removed it and I was able to certify right away. She said this is happening to a bunch of people right now because of some internal review process they're doing. So if anyone else runs into this problem, unfortunately you DO need to call. Thanks everyone for your help!
Wow, thanks for the update! This is really helpful to know. I'm dealing with a similar issue right now where my certification option just disappeared even though I have effective days and benefits left. Based on your experience, it sounds like I should probably just bite the bullet and call them directly rather than keep trying different browsers and waiting. Did the agent give you any insight into why these "program reviews" are happening so frequently right now? Just trying to understand if this is something that might happen again in the future.
For future reference, you can also sign up for text notifications in your my.ny.gov account settings. They'll send updates when your claim status changes or if there are any issues that need your attention. It's under 'Communication Preferences' in your profile. Also, make sure you're filing your weekly claims even while waiting for the initial determination - you can't get retroactive payments for weeks you didn't certify.
I went through this same frustrating experience a few months back. One thing that helped me was checking the "Documents" section on my.ny.gov - sometimes they request additional paperwork but it doesn't always show up clearly in the main dashboard. Also, if you haven't already, make sure to check your spam folder for emails from noreply@labor.ny.gov. They sometimes send status updates there that get filtered out. The waiting is the worst part, but hang in there - most claims do get processed eventually, it's just their system is overwhelmed.
This is really helpful advice! I just checked my spam folder and found two emails from the Department of Labor that I completely missed - one asking for additional wage verification documents. No wonder my claim has been stuck! Thanks for the tip about checking the Documents section too. It's frustrating that these important notifications can get buried so easily when you're already stressed about money.
The whole system is funded by employers but honestly it feels like they make it as hard as possible for us to actually collect what we're entitled to. All these adjudication delays and job search requirements - it's like they want people to give up and stop filing claims.
Thanks everyone for the detailed explanations! I had no idea it was completely employer-funded. It's actually pretty smart that companies with higher turnover pay more - gives them a real financial incentive to treat workers better and avoid unnecessary layoffs. Makes me feel less guilty about collecting benefits knowing my former employer was required to pay into this system all along.
Sean O'Donnell
I'm really sorry to hear about your situation. Unfortunately, as others have mentioned, regular unemployment insurance through NYS Department of Labor is only available to employees who had unemployment taxes paid on their behalf by employers. Since you were self-employed, you wouldn't qualify for traditional UI benefits. The PUA program that helped self-employed people during COVID ended in September 2021. However, don't give up entirely - you might want to look into other assistance programs like SNAP, emergency rental assistance, or local food banks to help bridge the gap while you figure out your next steps. Also, if you do any contract work where you're misclassified as 1099 when you should be W2, that could potentially change things. It's a tough situation but there might be other resources available to help you through this difficult time.
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Norman Fraser
•Thanks Sean, this is really helpful. I think I'll look into SNAP and see what other local assistance programs are available. It's frustrating that there's no safety net for self-employed people, but at least there might be some other options to help me get through this rough patch. I appreciate everyone taking the time to share their experiences and advice.
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Ryan Young
I feel for you - I went through something similar when my freelance writing business crashed in 2022. Unfortunately, the harsh reality is that self-employed people like us don't qualify for regular unemployment benefits because we never paid into the system. The PUA program that helped during COVID was our one shot at unemployment assistance and it's long gone. What really helped me was getting on SNAP benefits quickly (the application process was easier than I expected) and connecting with local assistance programs through 211 (dial 2-1-1 for info). I also had to swallow my pride and take a part-time retail job while slowly rebuilding my client base on the side. It's not ideal but sometimes we have to pivot to survive. Don't view taking employee work as giving up on your business - think of it as creating stability while you rebuild. You can always scale back the employee work once your design business picks up again.
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