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being in school full time can also disqualify you unless you meet certain exceptions. NYS Department of Labor wants to see that you're available for full time work
Another important disqualifier to be aware of is if you're receiving certain types of pension or retirement income - NYS Department of Labor will reduce or deny benefits depending on how much you're getting and whether your employer contributed to it. Also, if you're not a US citizen or don't have work authorization, that can disqualify you even if you were working legally before. The key thing is to be completely honest on your application because any false information is considered fraud and will definitely disqualify you.
honestly the whole system is designed to trip you up and deny claims. they'll find any excuse to say no. even if you qualify they'll put you through adjudication hell for months. just be prepared for a fight
File your claim as soon as possible even if you're not sure about eligibility. It's better to apply and get denied than to wait and miss out on benefits you're entitled to. The worst they can say is no, but if you don't apply you definitely won't get anything.
@Diego Fisher is absolutely right about filing ASAP. I was in a similar situation last year - worried about old issues affecting my claim but my lawyer friend told me the same thing. The application deadline is strict but you can always appeal a denial. Plus filing starts your claim date even if there are delays with severance or other issues. Don t'let fear of rejection stop you from trying.
I'm currently dealing with this exact same situation and really appreciate all the detailed advice here! I stopped filing in November for what I thought would be a permanent position that ended up being just another temp gig. Reading through everyone's experiences gives me confidence that reopening is definitely the right path. One thing I'm curious about - has anyone had experience with how long it takes to actually receive your first payment after the reopen is approved? I know the approval process takes about a week, but I'm wondering if there's any additional delay before the money actually hits your account. Also, @StarStrider - definitely be upfront about that temp work when you fill out the reopen form. From what everyone is saying, honesty is key to avoiding delays and adjudication issues. Good luck with your reopen!
Great question about payment timing! From my experience, once the reopen is approved and you file your first weekly certification, the payment usually processes within 2-3 business days - same as regular weekly payments. The key is to file your weekly certification as soon as the system allows you to after approval. I made the mistake of waiting for the approval letter and missed filing for that first week back, which delayed my payment. @StarStrider - definitely follow everyone's advice about being completely transparent about the temp work. The system is designed to handle these exact situations, so as long as you're honest about the employment gap and provide accurate details, you should be fine. The unused weeks from your original claim will be there waiting for you!
I just successfully reopened my claim after a similar situation about 3 weeks ago! Here's what I wish I had known going in: First, gather ALL your employment documents before starting the online form - the system is notorious for timing out and you'll lose your progress. You'll need exact dates (start/end), employer's full legal business name and address, your total gross wages, and hours worked. Since you mentioned you have 8 weeks left, those benefits are absolutely still available - the system just needs you to reactivate to access them. When they ask why you stopped filing, be completely straightforward about taking the temp position thinking it would become permanent. That's a totally legitimate reason and won't hurt your claim. The whole process took about 6 business days for me, and I got a determination letter through my online message center. Pro tip: file your weekly certification the moment your account shows active again - don't wait for any paperwork. The sooner you file, the sooner you'll get your first payment back. You've got this!
This is such helpful advice! I'm actually in the middle of gathering all my documents right now before starting the reopen process. Quick question - when you mention getting the employer's "full legal business name," did you just use what was on your paystubs, or did you need to look up their official registered business name somewhere? My temp agency might have a different legal name than what they go by day-to-day, and I want to make sure I get this right. Also, thanks for the tip about filing the weekly certification immediately once the account is active - I definitely would have waited for paperwork otherwise!
I'm currently dealing with this same issue - been on unemployment for 3 months now and my lease is up soon. One thing that's helped me is reaching out to smaller property management companies rather than the big corporate ones. They seem more willing to look at your whole financial picture instead of just running you through automated screening software. I also found that being proactive about explaining my situation upfront (rather than trying to hide it) has gotten me further in the process. Some landlords actually appreciate the honesty and the fact that unemployment is documented government income rather than under-the-table work. Still searching but feeling more optimistic after reading everyone's experiences here!
Paolo, your approach about being upfront is spot on! I've found that honesty really does work better than trying to hide the unemployment situation. The smaller property management companies have been much more reasonable to work with in my experience too. Have you been able to get any documentation from NYS Department of Labor quickly, or are you dealing with the same phone system issues that others mentioned? I'm curious if the timing of applications matters - like applying early in the month vs end of month when landlords might be more desperate to fill units.
I went through this same struggle a few months ago and want to share what worked for me. Beyond the standard documentation everyone mentioned, I also included a letter from my previous employer confirming my layoff was due to company downsizing (not performance issues) and my eligibility for rehire. This helped show landlords that my unemployment wasn't due to any fault of my own. I also created a simple one-page timeline showing my job search activities and any interviews lined up. The combination of this extra documentation plus offering 2-3 months rent upfront helped me secure a place even though my $380/week benefits were below the typical 3x rent requirement. It took about 20 applications over 6 weeks, but persistence paid off. Your $3,200 savings is actually really good - that's what convinced my landlord I was financially responsible despite being on benefits.
Lucas, this is incredibly helpful! I never thought about getting a letter from my previous employer about the layoff - that's such a smart way to show it wasn't performance related. Did you reach out to HR or your former supervisor for that letter? Also curious how you formatted the job search timeline - was it just a simple list of companies you applied to and interview dates? I'm definitely going to try the approach of offering multiple months upfront since I have some savings. Thanks for sharing your experience and giving me hope that persistence really does work!
StarGazer101
I'm dealing with a similar situation at my company right now - they just announced a 25% pay cut for everyone in our department. Reading through everyone's experiences here has been incredibly helpful, especially knowing that NYS Department of Labor does recognize substantial pay cuts as good cause for quitting. I've been with my company for 3 years and this would drop my salary from $48,000 to $36,000, which would make it impossible for me to cover my rent and basic expenses. I'm planning to start documenting everything immediately like you all suggested - the original announcement, my current pay stubs, and any follow-up communications. It's scary to think about quitting, but it sounds like there's a real path forward with unemployment benefits if I handle it properly. Thanks for sharing all your experiences and advice - it's making me feel less alone in this difficult situation.
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Nora Bennett
•I'm so sorry you're going through this too! It's really tough when companies put employees in these impossible positions. Your salary drop from $48k to $36k is definitely substantial enough to qualify under the 20%+ rule that others have mentioned. I'd also suggest keeping track of any meetings or conversations about the pay cut, not just written communications - even notes about verbal discussions can be helpful evidence. One thing I'm wondering about for all of us in this situation is whether we should try to negotiate with our employers first (like asking for reduced hours instead of reduced pay) before quitting, or if that might actually hurt our unemployment claims? It sounds like having a clear paper trail showing the company gave us an ultimatum is important for proving we had no reasonable alternative.
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Cedric Chung
I'm a labor law attorney and wanted to add some legal perspective to this discussion. You're all on the right track - New York does recognize "constructive discharge" when employers make substantial unilateral changes to employment terms. A 30% pay cut definitely qualifies as substantial under NYS case law. However, there are some important timing considerations: 1) Don't accept even one paycheck at the reduced rate if possible, as this could be seen as accepting the new terms, 2) File your unemployment claim within the same week you quit, and 3) Be prepared for the employer to contest your claim - they often do in these situations. Also keep in mind that unemployment benefits in NY are typically 50% of your average weekly wage (up to the maximum), so plan your finances accordingly. Document everything, including any verbal communications, and consider sending a formal resignation letter clearly stating you're resigning due to the substantial reduction in compensation. This creates a clear record of your reasoning.
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Amina Bah
•This is incredibly valuable legal insight - thank you so much for weighing in! The point about not accepting even one paycheck at the reduced rate is really important and something I hadn't considered. If my employer implements the pay cut next month, I should resign before that first reduced paycheck rather than working at the lower rate and then quitting later, correct? Also, when you mention that employers often contest these claims, what does that process typically look like from the employee's perspective? Should I expect to have to provide testimony or attend any kind of hearing? I want to be as prepared as possible since this is already such a stressful situation.
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