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I went through something similar last year. The key thing to remember is that NYS DOL considers several factors when determining if work is "suitable" - wage level compared to your previous job, commute time/distance, and whether it matches your skills and experience. A 4-hour daily commute plus $2/hour pay cut would likely be considered unreasonable by most standards. When you file your weekly claim, there should be a question about whether you refused any work - answer honestly and provide clear details about why (excessive commute time, significant pay reduction). Keep copies of the job offer details and your refusal reason. If they do flag it for review, you'll have a chance to explain during the adjudication process. Don't panic - they're looking for people who refuse reasonable offers, not situations like yours where the job creates genuine hardship.
This is really helpful, thank you! I feel much better knowing that my situation would likely be considered reasonable grounds for refusal. The excessive commute alone seems like it would be a valid reason. Do you happen to know roughly how long the adjudication process takes if they do flag it for review? I'm worried about having my benefits delayed while they investigate.
Based on my experience, adjudication typically takes 2-4 weeks, though it can be longer if they're backed up. The good news is that if they determine your refusal was justified (which it sounds like it would be), you'll get back-paid for any weeks you missed during the review. I'd recommend calling them proactively if you haven't filed yet to get guidance upfront - sometimes they can note your situation in advance which might prevent delays. Also keep documentation of the job offer details and your calculations showing the financial impact of that commute (gas, wear and tear, time costs).
I'm in a very similar situation right now - got offered a job that's 90 minutes each way and pays $3 less than what I was making. The stress of potentially losing benefits is real, but from what I'm reading here it sounds like your case has legitimate grounds for refusal. The 4-hour daily commute would eat up so much time and gas money that you'd probably be making less than minimum wage when you factor in travel costs. I've been documenting everything - the job posting, my previous salary, commute calculations, etc. just in case. It's frustrating that we even have to worry about this when the job offers are clearly unreasonable, but at least NYS DOL seems to have some protection for situations like ours where the work truly isn't suitable.
You're absolutely right about documenting everything - that's smart thinking! I'm in almost the exact same boat and it's such a relief to hear from others dealing with this. The travel cost calculation is something I hadn't fully considered but you make a great point. Between gas, tolls, and vehicle wear and tear, plus losing 4 hours of my day that I could be using for job searching, it really doesn't make financial sense. It's crazy that we have to stress about losing benefits when these employers are offering what are essentially below-minimum-wage positions once you factor in all the hidden costs. Thanks for sharing your approach to documentation - I'm going to make sure I have all those same details saved before I make my decision.
I went through this exact situation last year. You CAN attend school while on unemployment in NY, but you need to be strategic about it. I enrolled in a part-time evening program and made sure to document that I was available for work during normal business hours. The key things: 1) Keep doing your job searches and applying to positions, 2) Be honest on your weekly certifications about your availability, and 3) Make sure your class schedule doesn't conflict with potential work opportunities. I actually ended up getting a better job because of the skills I learned while on unemployment. Just don't try to hide it - be upfront with DOL if they ask about your activities.
This is really helpful advice, thank you @Sophia Carter! I'm glad to hear someone actually made it work successfully. Your point about being upfront with DOL is important - I was worried about mentioning school at all on my weekly claims. Did you specifically tell them about your program when you certified each week, or just make sure you answered the availability questions honestly? And congrats on getting a better job from the skills you gained!
I'm currently in a similar situation and have been researching this extensively. From what I've learned, New York does allow you to attend school while collecting unemployment, but you need to be very careful about how you handle it. The main requirement is that you must remain "able and available" for work. This means if an employer calls you for an interview or job offer, you need to be able to accept it immediately. I'd recommend calling the Department of Labor directly to discuss your specific program before enrolling - each situation can be different depending on the type of classes, schedule, and duration. Better to get official guidance upfront than risk having to pay benefits back later. Also consider looking into whether your program might qualify for any workforce development programs that could provide additional support while you're transitioning.
Congrats on getting your EB approved! This is such a helpful thread for anyone going through this transition. I'm currently on week 22 of my regular benefits and was already stressing about what happens next. Reading everyone's experiences here really puts my mind at ease. The key takeaway seems crystal clear: never stop certifying weekly, even if you see $0 payments temporarily. It's reassuring to know the system does work, even if it takes a couple weeks to process. Thanks for sharing your update - it gives hope to those of us approaching the 26-week mark!
So glad this thread was helpful for you! I was honestly terrified when I hit 26 weeks, but the community here really came through with solid advice. The $0 payments thing would have definitely freaked me out if Keisha hadn't warned about it. Just keep doing what you're doing with your weekly certifications and you should be fine when you get there. The waiting is nerve-wracking but it really does work out if you stay consistent. Good luck!
This thread is incredibly valuable! I'm currently on week 15 of my regular benefits but already bookmarking this for future reference. The consensus is so clear - keep certifying no matter what. I had no idea about the $0 payment thing during the transition period, that would have definitely sent me into panic mode. Really appreciate everyone sharing their real experiences, especially the success stories. It's so much better than trying to decipher the confusing official website. Question for those who went through this - did your EB weekly amount stay the same as your regular UI amount, or did it change at all?
Great question about the EB amount! In my experience, the EB weekly benefit amount was exactly the same as my regular UI amount - no change at all. The calculation is based on the same weekly benefit rate you were already receiving. So if you were getting $300/week during regular UI, you'll continue getting $300/week during EB (assuming you remain eligible). The only difference is that EB typically provides up to 13 additional weeks of benefits beyond your original 26 weeks, but at the same rate. Hope that helps ease your mind as you plan ahead!
yeah my cousin went through this too and she won. just make sure you show up to the hearing and tell your side of the story clearly
I work in HR and see these appeals regularly. Based on what I've observed, employers win maybe 40-50% of appeals, but it heavily depends on documentation. The strongest employer cases involve clear policy violations with written warnings, attendance records, or safety issues. Weaker cases are subjective performance issues or when employers can't produce proper documentation. NYS DOL tends to give workers the benefit of the doubt when evidence is unclear. Keep all your employment records, emails, and any communications about your termination. If they're claiming misconduct but never documented warnings or gave you a chance to correct issues, that significantly weakens their case.
This is really helpful insight from the HR perspective! The 40-50% win rate for employers makes me feel a bit better about my chances. Since you mentioned documentation being key - what if the employer is making claims about my performance that aren't backed up by any formal reviews or write-ups? They're saying I didn't follow procedures, but I never received any training materials or written policies about these specific procedures they're referencing.
Mateo Martinez
Just want to add that if you're in a job training program through Workforce Development, some of those programs might have their own requirements, but that's separate from your basic UI eligibility. The NYS Department of Labor website has info about job search requirements but I don't remember seeing anything about drug testing there.
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Mei Zhang
Thanks everyone for the helpful responses! I was really worried about this since I've heard so many conflicting stories. It's good to know that NYS Department of Labor doesn't require drug testing for regular unemployment benefits. I was laid off due to company downsizing, so it sounds like I should be fine to file my claim without worrying about any testing requirements. Really appreciate the clarification about it only being an issue if you were fired for failing a workplace drug test - that definitely doesn't apply to my situation.
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Ravi Patel
•Glad this thread helped clear things up for you! Layoffs due to company downsizing are pretty straightforward cases - you should definitely be eligible for benefits without any drug testing concerns. Just make sure you have all your employment documentation ready when you file. The process can be a bit overwhelming at first but it sounds like you're in a good position to get approved. Good luck with your claim!
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