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I've been through this exact scenario twice in my career - once in retail and once at an office job. Both times I was approved for unemployment benefits. The key thing is that you didn't voluntarily quit your job - you gave proper notice with the intention of fulfilling your obligations, but your employer made the decision to end the employment relationship early. That's considered an involuntary termination. When you file your claim, be upfront about giving notice but emphasize that you were willing and available to work through your notice period. The fact that you have another job starting soon actually works in your favor because it shows you're actively seeking employment and not trying to abuse the system. Just make sure to report your new job start date when filing so they can calculate the benefit period correctly.
This is really helpful to hear from someone who's been through it multiple times! I was definitely overthinking whether having another job lined up would somehow disqualify me. Your point about emphasizing that I was willing to work through the notice period makes total sense - that's exactly what happened. I'll make sure to be completely transparent about the timeline when I file. Thanks for sharing your experience!
I work in HR and deal with these situations regularly. You're absolutely entitled to file for unemployment benefits here. When an employer cuts short a notice period, it becomes their decision to end the employment relationship early - that's a discharge, not a voluntary quit. The NY Department of Labor recognizes this distinction. I'd recommend filing your claim as soon as possible since there can be a waiting period. Be straightforward about the sequence of events: you gave proper notice intending to work through it, but your employer chose to terminate you immediately. Having documentation like texts or emails about the notice and their response will definitely strengthen your case. Don't stress about having another job lined up - you're legitimately unemployed through no fault of your own for those gap weeks.
UGH this happened to my friend too. These companies think they can just avoid paying unemployment taxes by calling everyone contractors. At least NYS Department of Labor investigates these cases but it shouldn't be on the worker to prove they were misclassified. The whole system is backwards.
I went through something similar a few years back. The key thing to know is that NYS Department of Labor takes worker misclassification seriously and they have specific procedures for these situations. When you file your claim, make sure to select the option for "disputed wages" or "missing wage records" - this will trigger their investigation process. Document everything you can: emails about schedules, company handbook references treating you as staff, any benefits they offered, tax documents they gave you (1099 vs W2), etc. The investigation might take time but if they rule the employer misclassified you, you'll not only get your unemployment benefits but the employer will face penalties for not paying their share of unemployment taxes. Don't let them intimidate you - this is exactly what the system is designed to handle.
This is really helpful advice! I'm dealing with a similar situation right now where my previous employer is claiming I was a contractor but I had zero control over my work schedule or methods. Quick question - when you mention selecting "disputed wages" during filing, is that option clearly labeled or do you have to look for it? I want to make sure I don't miss it when I submit my application.
Just want to add that if you do decide to quit, make sure you exhaust all internal remedies first if possible - like filing complaints with HR, requesting transfers, or asking for mediation. The Department of Labor will look at whether you made reasonable efforts to resolve the situation before quitting. Also, keep in mind that even if you qualify for benefits after quitting, there might be a waiting period before payments start. I'd suggest consulting with an employment attorney if the situation is really severe - some offer free consultations and can help you understand if your case would meet the "good cause" standard.
This is excellent advice about exhausting internal remedies first. I'm curious though - what if HR is part of the problem or has already ignored previous complaints? In my experience, some companies just go through the motions with HR complaints but don't actually address anything. Would the Department of Labor still expect you to keep trying internal channels if they've already proven ineffective?
So I was about to throw my phone after 3 hours on hold when someone told me about claimyr.com and it connected me to an agent in less than an hour. The agent confirmed you report NET income for self-employment, and explained that gross income reporting is only for w2 type work. If you're struggling to get answers, seriously give it a try.
Check out their video explaining how it works: https://youtu.be/Rdqa1gKtxuE - I found them through a friend who used the service. Talking to an actual human got my issues fixed in one call.
I've been dealing with the same confusion with my small pottery business! After reading through all these responses and doing my own research, it's definitely NET income you should report. I made the mistake of reporting gross for my first few certifications and was basically cheating myself out of benefits I was entitled to. The way I think about it now - if I sell $500 worth of pottery but spent $300 on clay, glazes, kiln firing, and shipping, I only actually "earned" $200 that week. That's what unemployment cares about - your actual profit, not your total sales. I finally got through to an agent last week (took forever calling directly) and she confirmed this is correct. She also mentioned that if you've been reporting wrong, you can usually get it corrected by explaining the confusion. The system really should make this clearer though - so many people are struggling with the same question! Keep detailed records of everything - receipts, materials costs, platform fees, shipping. If they ever audit you, you'll need to prove your expenses were legitimate business costs. Good luck with your Etsy shop!
Thank you so much for sharing your experience! It's really reassuring to hear from someone else who went through the exact same confusion. I was starting to feel like I was the only one struggling with this. Your pottery example makes it super clear - I'm definitely going to start thinking about it that way. How did you finally manage to get through to an agent? I've been trying the regular phone line with no luck. Also, when you say they can correct past certifications, did you have to provide all your expense documentation right away or was it more of a simple adjustment?
@Zainab Abdulrahman This is such helpful advice! I ve'been making pottery as a hobby for years and just started selling pieces online recently. Your example about the $500 sales vs $200 actual profit really clicked for me. I ve'been so stressed about reporting this correctly since I got laid off from my teaching job last month. Did the agent give you any specific guidance about timing - like if I make a piece one week but don t'sell it until the next week, which week do I report the income in? Also curious how long the correction process took for your past certifications?
Zara Perez
I think the main thing is being honest about your work capacity. If you can work part-time, you might qualify for partial unemployment benefits depending on your earnings. But definitely report everything properly to avoid overpayment issues later.
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Madison Allen
•Good point about the overpayment thing. I definitely don't want to deal with having to pay money back later.
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Malia Ponder
I went through this exact situation last year! You definitely need to be careful about how you present your work capacity. What worked for me was getting a detailed letter from my doctor specifically outlining what type of work I could do and for how many hours. When I filed with NYS Department of Labor, I was upfront about my limitations but emphasized that I was genuinely seeking work within those parameters. The key is consistency - make sure what you tell unemployment matches what's in your medical records. Also, keep detailed records of your job search efforts because they may ask for proof that you're actively looking for suitable work.
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Giovanni Greco
•This is really helpful advice! The detailed doctor's letter sounds like a smart approach. Did you have any issues with NYS Department of Labor questioning the consistency between your disability status and unemployment eligibility? I'm worried they might see it as contradictory even with proper documentation.
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