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If you're having trouble getting through to NYS Department of Labor to check on your claim status, I had luck using a service called Claimyr (claimyr.com). They help you get connected to an actual agent without sitting on hold forever. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of frustration when my claim was stuck in processing.
Just went through this myself last month. No waiting week but took exactly 18 days from filing to first payment hitting my account. Make sure you have direct deposit set up or it takes even longer with the debit card they mail out.
unpopular opinion but sometimes its better to stick it out while looking for a new job. unemployment is such a headache rn
Just went through this exact situation! I quit due to hostile work environment and got approved. Key things that helped me: 1) I documented EVERYTHING - screenshots of nasty emails, wrote down verbal incidents with dates/times, 2) I filed immediately after quitting while everything was fresh, 3) When I got to speak with an agent (used that claimyr service mentioned above - totally worth it), I was very clear and factual about why I had "good cause" to quit. Don't give up if they initially deny you - the appeal process exists for a reason. Your mental health matters and NY does recognize constructive discharge situations. You got this! 💪
THE WHOLE SYSTEM IS DESIGNED TO SCREW SMALL BUSINESSES! They make it impossible to get straight answers about your tax rates and then hit you with massive increases. We had THREE claims last year and our rate went up 40%!
Wait, so if I get laid off and file for unemployment, my former employer gets punished financially? That makes me feel kind of bad about filing... should I not apply for benefits?
Don't feel bad at all! This is exactly what the system is for. Employers pay into unemployment insurance specifically to cover situations like layoffs. You earned those benefits through your work, and your employer was paying for this coverage all along. File your claim.
@Kristian Bishop is absolutely right! As someone who works in HR, I can tell you that unemployment insurance is part of the cost of doing business. Companies budget for these taxes just like they budget for workers comp' or other insurance. The system exists specifically to help people like you during layoffs through no fault of your own. Please don t'let concern for your former employer stop you from getting the benefits you re'entitled to.
Just went through this same situation with my partner last month! The key thing is to definitely keep filing and report the severance under "other income" when you certify. What helped us was calling it exactly what it is - "severance pay" in the description field. NY DOL is pretty good about calculating how it affects your weekly benefit amount automatically once you report it properly. One thing I wish someone had told me earlier: if the severance was paid as a lump sum, they typically spread it out over the weeks it was meant to cover (like if it was 4 weeks severance, they divide it by 4). But if you're not sure how they calculate it, definitely worth getting someone on the phone to clarify. The main thing is just be transparent about it. I know the forms can be confusing, but it's way better to over-report than under-report with this stuff. Your spouse is smart to ask questions rather than just wing it! Keep all the paperwork from the severance too - you'll probably need it if they ever do a review of the claim later on.
Thanks for sharing your experience! That's really helpful to know about how they spread out lump sum severance payments. I was wondering about that exact scenario. Did your partner's benefits get completely suspended during those weeks, or were they just reduced? And how long did it take for the DOL to process the severance reporting and adjust the payments accordingly?
I just want to echo what everyone else is saying - definitely report the severance! I made the mistake of not reporting mine right away when I first got laid off because I wasn't sure if it counted as "income" since it was technically from my old job. Big mistake! The DOL caught it during their quarterly wage crosscheck (they match up with employers) and I had to pay back like $800 in overpayments. Plus they hit me with a penalty week where I couldn't collect at all. Not fun. The good news is that once I started reporting everything properly, the process was actually pretty smooth. They have a specific field for severance/separation pay when you certify, and the system automatically calculates how it affects your weekly benefit. Pro tip: if the severance amount seems like it's going to wipe out your benefits for several weeks, you might want to call and ask about "allocation" - sometimes they can spread it out differently depending on how your employer structured it. But honestly, the phone wait times are brutal, so only do that if you're talking about a really big severance package. Your spouse is being smart by asking first. Better to be cautious with this stuff than deal with the headache later! 👍
Dmitry Petrov
Been there myself with a knee injury while unemployed. Key things: 1) Report the disability income on your weekly claims, 2) Make sure your job search focuses on positions you can actually do with your restrictions, 3) Keep all medical documentation, 4) Be honest when certifying for benefits. NYS Department of Labor processed mine without issues because I was upfront about everything from the start.
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Lukas Fitzgerald
This is a great question and you're smart to ask before potentially creating issues. I work in HR and deal with these situations regularly. The key distinction is between being "totally disabled" versus having work restrictions. Since you can perform desk work and light duty, you're not totally disabled from all work. You absolutely must report your disability payments when filing weekly claims - NYS Department of Labor will likely reduce your unemployment benefits by the amount of disability income you receive. Keep detailed records of your job search efforts focusing specifically on positions that accommodate your restrictions (administrative, customer service, data entry, etc.). Your doctor's note about light duty work will be important documentation. Many people successfully navigate this situation, but transparency with NYSDOL from the start is crucial to avoid overpayment issues down the road.
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Ava Kim
•This is really helpful advice, thank you! I've been worried about making a mistake that could cost me my benefits. Quick question - when you say NYS Department of Labor will "likely reduce" unemployment benefits by the disability amount, does that mean it's dollar-for-dollar? Like if I get $300/week in disability and $400/week in unemployment, would I only get $100 from unemployment? I want to make sure I understand how this works before I report everything.
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