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One thing that hasn't been mentioned yet is that earning too much money while collecting benefits can also disqualify you. In New York, if you work part-time while on unemployment, you need to report all earnings. If you earn more than your weekly benefit amount, you won't get any unemployment payment that week. And if you don't report earnings at all, that's considered fraud which can disqualify you permanently. Also, if you move out of state without notifying NYS Department of Labor, that can cause issues with your claim since you need to be available for work in New York.
This is really helpful information about earnings while collecting benefits. I didn't realize you could still get partial benefits if you earn less than your weekly amount - I thought any work would completely disqualify you. Do you know what the exact formula is for how they calculate partial benefits when you work part-time? I might need to take some temporary gig work to make ends meet but don't want to mess up my claim.
The partial benefit calculation in NY works like this: they subtract 25% of your gross earnings from your weekly benefit amount. So if your weekly benefit is $400 and you earn $200 that week, they subtract $50 (25% of $200) from your $400 benefit, leaving you with $350 plus your $200 earnings. You can work and still get partial benefits as long as your earnings don't exceed 1.5 times your weekly benefit amount. Just make sure to report everything accurately when you certify each week - even small amounts matter.
Another important disqualifier that people often overlook is not maintaining your continuing education or licensing requirements if your profession requires them. For example, if you're a nurse, teacher, or other licensed professional and you let your license expire or don't complete required continuing education while collecting benefits, NYS Department of Labor can consider you "not able to work" and disqualify you. Also, if you're receiving disability benefits or workers' compensation, that typically makes you ineligible for unemployment since those programs indicate you can't work. Make sure you understand how any other benefits you're receiving might interact with your unemployment claim.
Don't forget you also have to do the job search requirements to keep getting benefits! NYS Department of Labor requires 3 job contacts per week and you have to log them in the system. I almost got my benefits suspended because I forgot to update my job search log for a few weeks.
Wait, I have to start looking for work immediately? I thought there was like a waiting period or something.
No waiting period for the job search requirement. You need to start making job contacts as soon as your claim is approved and file your weekly claims. The system will ask about your job search activities each week.
Restaurant work is tough for unemployment calculations because of tips... I had the same issue when my place closed down during the pandemic. Make sure all your tip income was properly reported on your W-2s or it won't count toward your benefit calculation. NYS Department of Labor can only use what was officially reported to them.
This is such a good point about tip reporting! I'm honestly not sure if all my tips were properly reported - some nights we did cash tips that might not have been fully documented. Should I be worried that my benefit amount will be lower than expected? Is there any way to appeal or provide additional documentation if the calculation seems off?
Been there! The system is so unfair - employers can treat you like garbage but god forbid you try to protect your mental health by leaving. I spent 6 months fighting my denial before finally giving up. Hope you have better luck than I did.
Sorry that happened to you. The appeals process can definitely be frustrating, but it's worth pursuing if you have documentation.
I went through this exact situation about 8 months ago. The key thing I learned is that you need to document EVERYTHING before you quit - and I mean everything. Screenshots of abusive emails, dates and details of incidents, any witnesses who can back up your story. I also recommend filing a complaint with HR first (even if you know they won't help) because NYS Department of Labor wants to see you tried internal channels. When I applied, they initially denied me too, but I had kept detailed records and eventually won on appeal. The whole process took about 4 months, but I did get my benefits. Don't let anyone tell you it's impossible - just make sure you have solid documentation of the hostile work environment before you make your move.
I'm dealing with the exact same situation right now! My BYE date is coming up next month and I was getting so stressed about whether I'd miss out on my final week of benefits. Reading through everyone's experiences here has been incredibly helpful. It sounds like the key things are: 1) You CAN claim for the week ending on your BYE date, 2) You certify AFTER that week ends (so for Sofia, she'd certify on 9/7 for the week ending 9/5), and 3) Any leftover balance does disappear when your benefit year ends. I'm definitely going to take screenshots of my account before my BYE date and try to certify early that Sunday morning like Ava suggested. Thanks everyone for sharing your experiences - this community is so helpful for navigating the confusing NYSDOL system!
Yes, this thread has been a lifesaver! I was in the same boat a few weeks ago, totally panicking about my BYE date. The screenshot tip is genius - I wish I had thought of that. One thing I'd add is to also write down your weekly benefit amount and how much you've earned during your benefit year (if any) before your BYE date hits. That way if you need to file a new claim, you'll have all the info ready to calculate if you meet that 10x requirement. The NYSDOL website makes it so hard to find your historical earnings once your benefit year ends. Better to have everything documented ahead of time!
Just wanted to share my recent experience since I literally just went through this exact situation! My BYE date was 1/10/2025 and I was SO worried about missing that final week. I followed all the advice from threads like this - took screenshots beforehand, logged in early Sunday morning (1/12) to certify for the week ending 1/10, and everything went smoothly. Got my final payment deposited normally. One thing that helped ease my anxiety was calling the NYSDOL automated phone line a few days before my BYE date to confirm my remaining balance and weekly benefit amount. The automated system gave me all the info I needed without having to wait on hold for hours to speak to a human. Also want to echo what others said about preparing early if you think you'll need to file a new claim. I had worked some freelance gigs during my benefit year and was able to calculate that I'd earned enough to qualify for a new claim. Filed it on 1/13 (right after my BYE date) and I'm now in the waiting week for the new benefit year. The whole BYE date process is definitely stressful when you don't know what to expect, but reading experiences like everyone shared here really helped me feel prepared. Sofia, sounds like you've got all the info you need now - you'll be fine!
This is so reassuring to hear from someone who literally just went through this! I had no idea about the automated phone line tip - that's brilliant for checking your info without the nightmare of trying to get through to a real person. I'm definitely going to call that a few days before my BYE date to double-check everything. And thanks for sharing the timeline of filing your new claim right after - it's helpful to know the process worked smoothly for you. I'm feeling so much more confident about this whole thing now thanks to everyone's shared experiences in this thread!
Mason Stone
Update us on how it goes!! The disability system is SO broken in NY, I swear!!! Maybe your experience will be better than mine was. 🤞
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Kiara Fisherman
•Will do. Going to get all the paperwork started tomorrow and see what happens. Not feeling super optimistic based on what everyone's saying, but gotta try something.
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Freya Larsen
Just went through something similar after a work injury last year. Few quick tips that might help: 1) When you call HR about the DB-450 form, also ask if your company has any short-term disability insurance beyond the state minimum - some employers have better coverage. 2) For the pothole claim, take more photos if you can (showing the size/depth) and maybe measure it if possible. 3) Keep ALL your medical records and receipts - you'll need them for both the disability claim AND any potential lawsuit. The whole process is frustrating but definitely pursue both the state benefits and the municipal claim. Good luck with recovery!
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CosmicCommander
•This is really helpful advice! I didn't think about asking HR if there's additional short-term disability coverage beyond the state minimum. That could make a huge difference financially. And yeah, I should definitely get better documentation of that pothole - I have some photos but they're not great quality since I was pretty shaken up after the accident. Thanks for the practical tips!
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