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One thing that hasn't been mentioned yet is that earning too much money while collecting benefits can also disqualify you. In New York, if you work part-time while on unemployment, you need to report all earnings. If you earn more than your weekly benefit amount, you won't get any unemployment payment that week. And if you don't report earnings at all, that's considered fraud which can disqualify you permanently. Also, if you move out of state without notifying NYS Department of Labor, that can cause issues with your claim since you need to be available for work in New York.
This is really helpful information about earnings while collecting benefits. I didn't realize you could still get partial benefits if you earn less than your weekly amount - I thought any work would completely disqualify you. Do you know what the exact formula is for how they calculate partial benefits when you work part-time? I might need to take some temporary gig work to make ends meet but don't want to mess up my claim.
The partial benefit calculation in NY works like this: they subtract 25% of your gross earnings from your weekly benefit amount. So if your weekly benefit is $400 and you earn $200 that week, they subtract $50 (25% of $200) from your $400 benefit, leaving you with $350 plus your $200 earnings. You can work and still get partial benefits as long as your earnings don't exceed 1.5 times your weekly benefit amount. Just make sure to report everything accurately when you certify each week - even small amounts matter.
Another important disqualifier that people often overlook is not maintaining your continuing education or licensing requirements if your profession requires them. For example, if you're a nurse, teacher, or other licensed professional and you let your license expire or don't complete required continuing education while collecting benefits, NYS Department of Labor can consider you "not able to work" and disqualify you. Also, if you're receiving disability benefits or workers' compensation, that typically makes you ineligible for unemployment since those programs indicate you can't work. Make sure you understand how any other benefits you're receiving might interact with your unemployment claim.
Don't forget you also have to do the job search requirements to keep getting benefits! NYS Department of Labor requires 3 job contacts per week and you have to log them in the system. I almost got my benefits suspended because I forgot to update my job search log for a few weeks.
Wait, I have to start looking for work immediately? I thought there was like a waiting period or something.
Restaurant work is tough for unemployment calculations because of tips... I had the same issue when my place closed down during the pandemic. Make sure all your tip income was properly reported on your W-2s or it won't count toward your benefit calculation. NYS Department of Labor can only use what was officially reported to them.
This is such a good point about tip reporting! I'm honestly not sure if all my tips were properly reported - some nights we did cash tips that might not have been fully documented. Should I be worried that my benefit amount will be lower than expected? Is there any way to appeal or provide additional documentation if the calculation seems off?
also make sure you apply right away after you quit, don't wait around thinking about it. and when they ask why you quit be very specific about the good cause reasons
Wesley, I went through something very similar about 6 months ago. My manager was creating a hostile work environment and constantly changing my responsibilities without notice. Here's what worked for me: 1) Start documenting EVERYTHING right now - dates, times, what was said/done, any witnesses present. Screenshots of schedule changes, emails, etc. 2) If possible, try to address it in writing first (email to supervisor or HR) so you have a paper trail showing you attempted to resolve it. 3) When you file for unemployment, be very detailed about how the conditions made it impossible to continue working. NYS DOL approved my claim because I could show a pattern of unreasonable treatment that affected my ability to do my job. The documentation was key - without it, it would have just been my word against theirs.
Been there! The system is so unfair - employers can treat you like garbage but god forbid you try to protect your mental health by leaving. I spent 6 months fighting my denial before finally giving up. Hope you have better luck than I did.
I went through this exact situation about 8 months ago. The key thing I learned is that you need to document EVERYTHING before you quit - and I mean everything. Screenshots of abusive emails, dates and details of incidents, any witnesses who can back up your story. I also recommend filing a complaint with HR first (even if you know they won't help) because NYS Department of Labor wants to see you tried internal channels. When I applied, they initially denied me too, but I had kept detailed records and eventually won on appeal. The whole process took about 4 months, but I did get my benefits. Don't let anyone tell you it's impossible - just make sure you have solid documentation of the hostile work environment before you make your move.
Omar Farouk
Just remember you have to keep detailed records of your job search activities because NYS Department of Labor can audit you at any time. I learned this the hard way when they asked me to provide documentation and I hadn't been keeping track properly.
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Chloe Harris
Don't feel bad about asking these questions - the unemployment system can be really overwhelming at first! One thing that helped me when I was starting out was to gather all your employment documents before you even begin the application. Make sure you have your W-2s, pay stubs, and exact dates of employment ready. Also, when you do your weekly certifications, be honest about any work you do (even small gigs) because they will find out eventually and it's better to report it upfront than deal with an overpayment later. The NYS Department of Labor is pretty strict about accuracy but they're also there to help people who genuinely need it.
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