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I was in a similar situation last year when the restaurant I worked at cut hours during the slow season. As a server, you're definitely eligible for unemployment benefits in NY! The most important thing is to file your claim as soon as possible - don't wait. When you apply online through the NYS Department of Labor website, they'll ask about your wages and tips from the last 18 months. Your employer should have been reporting your tip income along with your hourly wages to the state, so that will all be factored into your benefit calculation. One tip: keep any pay stubs or records you have of your earnings, including tip reports, just in case they need additional documentation. The whole process took about 2-3 weeks for me to start receiving benefits. Hang in there!
This is really helpful, thank you! I'm definitely going to file right away. Just to clarify - when you say they ask about wages and tips from the last 18 months, do I need to have exact amounts or will they already have that information from my employer's reports? I'm a little worried I might not remember all the details perfectly.
Don't stress too much about having exact tip amounts memorized! When you file with NYS Department of Labor, they'll pull your wage records directly from what your employer reported to the state each quarter. This includes both your hourly wages and the tips that were reported through payroll. You'll mainly need to provide basic information about your employment dates and reason for separation. However, it's still good to keep any pay stubs or tip records you have handy in case there are any discrepancies or if they need additional verification. The system is designed to work with the information employers are already required to report, so you shouldn't have to reconstruct everything from memory.
just wanted to say good luck with everything! temporary layoffs are stressful even when you know you'll be back
I went through this exact situation a few months ago when my workplace had to close for facility upgrades. One thing I'd add is to file your claim as soon as possible - don't wait until your last day of work. You can typically file the Sunday before your layoff begins. Also, when you're filling out the application, there should be a specific question about whether you expect to return to work - make sure to answer "yes" and include the approximate date your employer gave you. This helps ensure you get standby status right away instead of having to call and sort it out later. The whole process was much smoother than I expected!
just started a new job last month and still getting partial benefits. make sure you keep track of your hours and wages because they might audit you later. also your job search requirements change once you start working - you don't have to do as many job contacts per week
Just went through this exact situation a few months ago! When you file your weekly certification, there's a specific question about whether you worked during that week. You'll need to report the exact number of hours worked and your gross earnings (before taxes). The system automatically calculates if you're eligible for partial benefits. At 20 hours per week, you'll likely still qualify for some benefits as long as your weekly earnings don't exceed your weekly benefit amount plus $50. Don't stress too much - the online system walks you through it step by step, and as long as you're honest about your hours and wages, you'll be fine. Good luck with the new job!
Based on your work history, you might actually qualify! With 8 months at $15/hour for 20-25 hours weekly, that's roughly $300-375 per week in gross wages. Over 8 months, you likely earned well over the $2,600 base period requirement. Your weekly benefit would be 50% of your average weekly wage during your highest quarter, so potentially around $150-180 per week rather than the $104 minimum. Definitely worth applying - you can do it online at my.ny.gov and it only takes about 30 minutes to complete the initial application.
That's really helpful math! I hadn't thought to calculate it that way. So even though I was only part-time, the total earnings over those 8 months might actually put me in a decent range for benefits. I'm definitely going to apply now - seems like there's a good chance I'll get more than just the minimum. Thanks for breaking down the numbers!
Also keep in mind that you need to be unemployed through no fault of your own to qualify. If you were laid off or your hours were cut, that should work in your favor. But if you quit voluntarily, you might face additional hurdles. When you apply, they'll ask for your reason for separation from employment, so make sure you're honest about the circumstances. The good news is that even if your initial claim gets denied, you can appeal the decision if you think it was wrong.
Zane Gray
I'm in a very similar situation right now - just filed for unemployment last week after getting laid off from my restaurant job. My manager was also really bitter about having to let people go and made some pretty harsh comments about "freeloaders" during our final shift. Reading through everyone's experiences here has been so helpful! It sounds like even though the NYS Department of Labor notification to employers is automatic, most legitimate layoffs don't face any real pushback. I have my final schedule that shows my hours were cut to zero due to "reduced business volume," so hopefully that serves as good documentation if needed. It's reassuring to know that so many of you have been through this same anxiety with difficult former managers and everything worked out fine. I think the hardest part is not taking their negative attitudes personally when we're already stressed about being unemployed. Thanks everyone for sharing your stories - it really helps to know this employer notification is just standard procedure and not something to panic about!
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Omar Farouk
•@Zane Gray I m'also new here and going through the exact same thing! Just filed my unemployment claim yesterday after being laid off from my customer service job. My former manager made similar comments about people taking "advantage which" has had me really stressed about that employer notification. But honestly, reading through everyone s'experiences in this thread has been such a huge relief! It sounds like having documentation like your schedule showing zero hours due to reduced "business volume is" exactly what you need to prove this was a legitimate layoff. I keep reminding myself what others have said here - we paid into this system through our paychecks, so we shouldn t'feel guilty about using it when we genuinely need it. The fact that so many people have dealt with bitter former managers but still had their claims go through smoothly gives me a lot of confidence. Thanks for sharing your story too - it helps knowing there are others going through this same anxiety right now!
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Joy Olmedo
I'm dealing with this same anxiety right now! Just got laid off from my bookkeeping job at a small business last Friday and filed my unemployment claim on Monday. My former boss was really frustrated during the layoff conversation and made some pointed comments about "people who don't want to work" which has me worried about how they'll react to getting that notification from NYS Department of Labor. Reading everyone's experiences here is incredibly reassuring though - it sounds like most legitimate layoffs don't face any real challenges even when former employers aren't happy about it. I have my layoff letter that specifically mentions "downsizing due to economic conditions" so I'm hoping that's solid documentation. It's tough enough dealing with job loss without having to worry about drama from your former employer, but I'm trying to focus on what everyone said about this being exactly what the unemployment system is designed for. Thanks to everyone for sharing your stories - it really helps knowing so many others have navigated this successfully even with difficult former managers!
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