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wait so if I understand this right - if I get laid off again next year I'd have to wait a whole year before I can file for another 26 weeks? or can you file again right away if you worked enough after your last claim?
Just wanted to add that you should also keep in mind that NY has a "waiting week" - the first week you file usually doesn't get paid, but it does count toward establishing your claim. So even though you get 26 weeks of payments, you'll actually be filing for 27 weeks total. Also, make sure you're keeping detailed records of your job search activities from day one because they can ask for that information at any time during your claim period. I learned this the hard way when they requested my job search log after week 10 and I had to scramble to reconstruct everything.
This is really helpful info about the waiting week! I didn't realize there was a difference between filing weeks and payment weeks. So basically I'll file 27 times but only get paid for 26 of those weeks? And good point about keeping detailed job search records from the beginning - I've just been writing down company names but sounds like I should be more thorough with dates, contact methods, etc.
This whole system is a mess. They make it so confusing on purpose so people don't claim what they're owed. I've been dealing with NYS Department of Labor for months and still don't have clear answers about my eligibility.
I'm in a similar situation - working in hospitality and my hours got cut from full-time to about 15 hours a week. I was scared to file because I thought you had to be completely unemployed, but after reading these responses I'm definitely going to apply for partial benefits. @Liam Mendez - from what I've researched, you do still need to do job search activities even on partial unemployment, but the requirements might be reduced since you're still working. You should check the specific requirements when you file your claim. Don't wait like I did!
Just wanted to add that even if you get approved for backdating, you'll still need to certify for each of those weeks. Make sure you have your job search records ready for the backdated period too, since NYS Department of Labor requires proof you were actively looking for work during those weeks.
Oh wow, I didn't think about needing job search records for the backdated weeks. I did apply to some places but didn't keep detailed records. Is there a specific format they want for the job search log?
For NYS Department of Labor, they typically want dates, company names, position titles, and method of contact (online, phone, in-person). You don't need a fancy format - even a simple spreadsheet or handwritten log works. The key is showing you made at least 3 job contacts per week during the backdated period. If you remember some of the places you applied, start documenting those and try to reconstruct what you can from your email or browser history.
I went through this exact situation last year and was able to get 3 weeks backdated. The key is being prepared when you file - have your last day of work documented, any severance information, and be ready to explain the delay. I mentioned that I was dealing with the shock of losing my job and didn't realize I needed to file immediately. NYS Department of Labor accepted that reasoning. Just be honest about your circumstances and don't overthink it. The worst they can say is no to the backdating, but you'll still get benefits going forward. File as soon as possible though - the longer you wait, the harder it becomes to justify the delay.
Thanks for sharing your experience! It's really helpful to hear from someone who actually went through this process successfully. The "shock of losing my job" reasoning sounds much more legitimate than just saying I thought I'd find work quickly. I'm definitely going to file this week - you're right that waiting longer will just make it harder to justify. Did you have any issues with the job search requirements for those backdated weeks, or did they not ask for documentation since you explained the delay?
Wait so if I just started a really good paying job but only worked there 2 months before getting laid off, my unemployment would be based on my old crappy job from last year?? That seems unfair
I went through this same confusion when I first applied! What really helped me understand it was looking at my wage transcript on the NYS DOL website. They break down each quarter and show exactly which employers reported what wages. In your case with the restaurant jobs, if you were working multiple places during the same quarters, those wages all get added together for that period. So even though your most recent job paid more per hour, if your highest total quarterly earnings were from when you were working at the $15/hour place (maybe working more hours or overtime), that would be what determines your benefit amount. The system is definitely not intuitive but once you see the actual numbers it makes more sense.
Dylan Cooper
DON'T FORGET TO FILE YOUR WEEKLY CLAIMS! I missed one week because I thought since I was approved the payments would just come automatically. WRONG. Had to call and explain and it was a nightmare. You have to certify every single week that you're still unemployed and looking for work.
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Mei Chen
•Oh no! What happened when you missed the week? Did you lose that payment forever?
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Dylan Cooper
•No I eventually got it back but it took like 3 weeks and multiple phone calls. Just don't make the same mistake I did - set a reminder on your phone or something.
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Sofia Ramirez
The first payment usually takes longer than the rest, mine took almost two weeks but after that it was pretty regular. Make sure you have all your job search documentation ready too because they can audit you at any time.
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Mei Chen
•What kind of documentation do they want for job searches? I've been applying to places but not really keeping detailed records.
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Zara Ahmed
•You need to keep records of where you applied, when you applied, and what type of job it was. I keep a simple spreadsheet with company name, position, date applied, and how I applied (online, in person, etc.). NYS requires you to make at least 3 job search contacts per week. They can ask for this documentation anytime so it's better to be prepared from the start!
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