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I went through something similar last year when my company "restructured" (aka laid off half the staff). As long as you stick to the facts - that you were laid off due to restructuring - you should be fine. The NYS DOL will contact your former employer to verify the reason for separation, so don't overthink it. Just be honest about what happened. Also, make sure you have your W-2s and pay stubs ready when you apply - they'll ask for wage information from your previous employers. The whole process took about 2-3 weeks for me to get approved and start receiving benefits.
Just make sure when you file that you report your separation as 'lack of work' or 'layoff' and not 'quit' since that was your most recent job. Also be prepared to do weekly claims and job search activities once you're approved.
Based on what everyone's saying here, it sounds like you should definitely apply! I went through something similar a few months ago - got laid off from my main job but had quit a different job earlier that year. The NYS Department of Labor rep I spoke with confirmed that they only care about your most recent separation for eligibility purposes. Since you were laid off due to lack of work, that's considered involuntary and qualifies you. Just make sure you have all your employment documentation ready when you file, including your separation notice from the restaurant. Good luck!
The system is so confusing for young people trying to enter the workforce! My daughter had similar questions when she was in high school. Even if he doesn't qualify now, tell him to keep track of his earnings and work history because it might help him later if he faces unemployment after building up more work experience.
One thing worth mentioning is that even though your brother probably won't qualify for regular unemployment benefits due to insufficient work history, he might want to look into other resources for young workers in New York. Some counties have youth employment programs or workforce development services that can help with job placement when hours get cut. Also, if his employer reduced his hours significantly, he could potentially look for a second part-time job to make up the income difference while building that work history for future unemployment eligibility.
Marcus, I'm really sorry you're going through this - the combination of mental health struggles and a toxic work environment is incredibly difficult to navigate. I wanted to share some additional perspective as someone who works in HR and has seen these cases from the employer side. One thing I'd emphasize is timing - don't wait until you're at your absolute breaking point to start building your case. The stronger your documentation is before you quit, the better your chances with NYS Department of Labor. Beyond what others have mentioned, also document any company policies your employer might be violating. Many companies have anti-harassment policies or mental health support commitments they're not following. If your workplace has an Employee Assistance Program (EAP), consider using it now while you're still employed - it shows you tried to get help through company resources first. Also, check if your company has any internal grievance procedures you haven't used yet. Sometimes going through these processes (even if they don't help) can actually strengthen your unemployment case by showing you exhausted all internal options. One practical tip: when you do request accommodations, ask for a written response within a specific timeframe (like 10 business days). If they don't respond or give you verbal responses only, follow up in writing saying "Per our conversation on [date]..." This creates a clear paper trail of their non-compliance. Your mental health absolutely comes first, but taking these steps now while you're still employed will give you the best shot at getting the benefits you deserve. Hang in there!
Marcus, I'm so sorry you're dealing with this situation - it's heartbreaking how toxic workplaces can destroy our mental health. I went through something very similar about 18 months ago and want to share what I learned from the experience. The good news is that NYS Department of Labor can and does approve unemployment claims for mental health resignations, but you absolutely need to build a strong case first. The key is proving you had "good cause" to quit - meaning a reasonable person in your situation would have felt they had no other choice. Here's what made the difference in my case: I started documenting everything while still employed. I kept a detailed log of every incident that affected my mental health (specific dates, what was said, who was present), saved all emails showing unreasonable demands, and tracked how these incidents were impacting my ability to sleep, eat, and function. Most importantly, I requested accommodations through HR first - things like modified deadlines, written communication instead of verbal confrontations with my supervisor, and permission to take short breaks when feeling overwhelmed. When they either denied these requests or ignored them completely, it actually strengthened my unemployment case because it showed I'd tried everything before quitting. My therapist also wrote a detailed letter explaining how my work environment was specifically interfering with my treatment progress and preventing my recovery. She used clinical language about how the workplace stress was "incompatible with my mental health treatment plan." The process took about 6 weeks and the financial stress during that waiting period was really tough. But I was approved and got all the back pay. Your mental health is worth more than any job - just make sure you protect yourself legally by building that paper trail first. You can get through this!
Jessica Suarez
Thanks everyone. I'm going to log into my.ny.gov tonight and compare my payment history with the 1099-G. Better to get this sorted out now than deal with problems later.
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Royal_GM_Mark
I went through this same situation last year! One thing that really helped me was keeping detailed records throughout the year. When you're checking your payment history on my.ny.gov, also look for any weeks where you had partial earnings reported - those can sometimes cause confusion on the 1099-G amounts. Also, if you had state taxes withheld too (which is separate from federal), make sure you're accounting for that correctly on your NY state return. The good news is that if you did have the 10% federal withholding, you're probably in decent shape tax-wise unless you had other significant income during the year.
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Jackie Martinez
•That's really helpful advice about checking for partial earnings weeks! I didn't even think about that potentially affecting the 1099-G totals. Quick question - when you say "other significant income," what kind of threshold are we talking about? I did some freelance work in the last few months of 2024 after getting back on my feet, probably around $8k total. Should I be worried about owing a lot more in taxes beyond what was withheld from unemployment?
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