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I was in a similar situation about a year ago - toxic manager, constantly changing schedules, and feeling like I was being set up to fail. What helped me was keeping a detailed log of every incident with dates and times. I also started responding to my manager's schedule change texts with something like "Just confirming you're changing my schedule from X to Y with less than 24 hours notice" to create a paper trail. When I finally did quit and applied for UI, having that documentation made all the difference. The key is showing a pattern of unreasonable behavior from your employer that would make any reasonable person quit. Don't just quit impulsively - build your case first if you can.
This is really helpful advice from everyone. I'm dealing with something similar - my supervisor has been making the workplace unbearable with constant criticism and unrealistic expectations. From what I'm reading here, it sounds like the key is documentation and showing you tried to resolve things first. @Nia Wilson, your approach of creating a paper trail through confirming texts is brilliant. I'm going to start doing that too. Has anyone had experience with filing a complaint with HR before quitting? I'm wondering if that would help strengthen a case for "good cause" or if it might just make things worse at work.
@Liam McGuire Filing an HR complaint can definitely help your case, but you re'right to be cautious about timing. In my experience, it s'a double-edged sword - it creates official documentation that you tried to resolve the issues through proper channels which (NYS DOL loves to see ,)but it can also make your work environment even more hostile if HR doesn t'handle it well. I d'suggest documenting the current issues first, then filing the complaint, and keeping records of how your employer responds. If they retaliate or fail to address the problems, that actually strengthens your good "cause argument." Just make sure you re'prepared for things to potentially get worse before they get better, and have your exit strategy ready if needed.
Just remember you have to keep certifying weekly and doing your job search activities or they'll cut off your payments. Don't get comfortable just because you're approved - stay on top of all the requirements!
Another thing to keep in mind - your weekly benefit amount might look different than expected if you had irregular hours or multiple jobs during your base period. NYS DOL looks at the 4 quarters before you filed, so if you had any gaps in employment or seasonal work, that could affect the calculation. Also, if you're doing any part-time work while collecting, they'll reduce your weekly payment by 25% of whatever you earn over $143. Make sure to report any earnings when you certify each week or you could end up owing money back later.
This is really helpful info about the base period calculation! I'm wondering - how do you find out exactly which quarters they used for your base period? Is that information shown somewhere in the my.ny.gov account? I want to double-check that they're using the right earnings data since I did have a job change about 6 months before I filed.
While you're waiting for adjudication, make sure you keep filing your weekly claims even though you're not getting paid yet. If you miss filing weeks, you could lose those benefits permanently even after your issues are resolved. Also, document every attempt you make to contact NYS Department of Labor - dates, times, how long you waited on hold. This information can be helpful if you need to file an appeal later or if there are any questions about your job search efforts during this period.
Good point about the weekly claims. I've been filing them but wasn't sure if I should continue. At least that's one thing I'm doing right.
Have you tried contacting your local assembly member or state senator's office? Their constituent services departments often have direct lines to NYS Department of Labor and can help escalate stuck cases. I had a similar situation last year where my claim was pending for 5 weeks, and after my assembly member's office made one call, I got a determination within 3 days. They don't charge anything for this service and it's part of what they do for constituents. You can find your representatives at nysenate.gov and assembly.state.ny.us by entering your zip code. Worth a shot while you're also trying the other suggestions people have given.
The immigration stuff is separate from unemployment but yeah you need to be careful. Keep documenting your job search efforts for NYS Department of Labor and also for immigration purposes. Some visa types require you to maintain status and prolonged unemployment could affect that.
I went through something similar on an H-1B visa. The 90-day thing your lawyer mentioned is likely about maintaining lawful status - some visa types have grace periods or requirements about actively seeking work. NYS Department of Labor unemployment benefits themselves don't have a 90-day cutoff for visa holders, but your immigration status could be affected. I'd recommend getting specific guidance from your immigration attorney about your visa type and also maybe reaching out to NYS Department of Labor directly to confirm there aren't any special reporting requirements for your situation. Better to be proactive than find out later there was something you should have done differently.
This is really helpful, thank you! I'm also on H-1B so this sounds exactly like my situation. Did you have to provide any special documentation to NYS Department of Labor about your visa status when you were collecting benefits? And how did things work out with your immigration status - were you able to find work before any issues came up?
Shelby Bauman
direct deposit takes longer to setup than they tell u. first payment always goes to the old method no matter what 💅
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Quinn Herbert
•facts! wish theyd make this clear upfront
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Aileen Rodriguez
Had the exact same issue last month! My payment showed "paid" with release date but took 6 business days to actually hit my account. Turns out there was some kind of processing delay on the bank's end. I'd give it until next week before panicking - the money is probably just stuck in the system somewhere. If nothing by Wednesday definitely call them!
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Gael Robinson
•6 days is rough but good to know it eventually came through! did you have to do anything special or just wait it out? my bank said they don't see anything pending so kinda worried it got lost somewhere 😬
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