


Ask the community...
If you're having trouble reaching NYS Department of Labor by phone to ask questions about your claim duration, I used a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I was stuck trying to call for weeks about my adjudication issue.
Just make sure you don't mess up your weekly claims because they can be really strict about that stuff. I missed one week by accident and it took forever to get it sorted out.
@Leo McDonald What happened when you missed that week? Did you lose those benefits permanently or were you able to get them back eventually? I m'paranoid about making any mistakes with the filing process.
I went through this exact situation last year with a 6-month contract that ended. NYS Department of Labor approved my claim based on my previous W-2 work history, even though my most recent job was 1099. The key documents they wanted were my last few pay stubs from W-2 jobs and my Social Security earnings record to verify my base period wages. Don't stress about the contract classification issue right now - just file online at labor.ny.gov and let them sort it out. The worst they can say is no, but you won't know unless you apply. Good luck!
I'm in a very similar situation - just finished a 10-month contract role where I was classified as 1099 but worked like a regular employee (fixed schedule, company laptop, attended team meetings, etc.). Reading these responses gives me hope! I've been hesitant to file because I wasn't sure if my previous W-2 earnings would count, but it sounds like NYS Department of Labor bases eligibility on your employment history, not just your most recent work. Planning to file online this weekend. Thanks everyone for sharing your experiences - this thread is more helpful than the official DOL website!
@Ali Anderson Your situation sounds almost identical to mine! The fixed schedule and company equipment are strong indicators that you might have been misclassified as a contractor. I m'planning to file this week too after reading everyone s'advice here. Maybe we can update each other on how the process goes? It s'reassuring to know others have successfully navigated this with NYS Department of Labor.
One more thing to consider - if you can get your employer to lay you off instead of resigning, that would make you automatically eligible for unemployment. Sometimes if you approach HR about the hostile work environment, they might prefer to let you go rather than deal with a potential lawsuit. Just something to think about as an alternative strategy.
I went through something similar with a toxic manager about 2 years ago. The harassment was mainly verbal too, but I started keeping a detailed journal of every incident - date, time, what was said, any witnesses present. I also sent follow-up emails to my supervisor after difficult conversations "just to confirm what we discussed" - that way I had written records. When I finally quit and applied for unemployment, NYS Department of Labor initially denied me but I appealed with all my documentation. It took about 6 weeks total but they eventually approved my claim. The key was showing a pattern of behavior that made continuing to work there unreasonable. Start documenting everything now, even if you're not sure you'll quit yet.
I've been in construction for over a decade and can confirm this is completely normal. NYS Department of Labor definitely understands seasonal patterns in construction - they see thousands of claims like this every winter. The key things to remember: file your claim as soon as you're laid off, keep detailed records of your job search activities (even if you plan to return to the same employer), and don't worry about them thinking you're gaming the system. Construction seasonality is well-documented and expected. Just be consistent with your weekly certifications and you'll be fine.
This is really reassuring to hear from someone with so much experience! I've been stressed about this for weeks thinking they might flag my account or something. One quick question - when you say keep detailed records of job search activities, do you mean just the basic log they require or should I be saving emails/screenshots too?
Vera Visnjic
I've been researching this too since I'm potentially looking at relocating. From what I've found, Massachusetts actually does have higher maximum benefits (around $855/week) like your brother mentioned, but the cost of living adjustment makes it less impressive. Washington state is another good one - they have high benefits and no state income tax. New Jersey is solid too with benefits up to $713/week. But honestly, @Emma Morales makes a good point - the real value is in landing a good job quickly rather than optimizing for unemployment benefits you hopefully won't need long-term. Have you considered looking at job markets in different states as your primary factor?
0 coins
Paige Cantoni
•That's really helpful research, thanks! I hadn't considered Washington state - no state income tax is definitely a bonus. You're absolutely right that I should prioritize job market strength over unemployment benefits. I've been so focused on the safety net that I forgot the goal is to not need it! Have you found any good resources for comparing job markets across states? I'm in marketing/communications if that helps narrow it down.
0 coins
Rajiv Kumar
I've been through unemployment in both NY and California, and honestly NY's system is much more manageable. While CA has higher maximum benefits (around $450-$850 depending on your previous earnings), their EDD system is notoriously difficult to navigate and has massive delays. NY's $504 max isn't the highest, but the processing is generally more reliable. If you're thinking about relocating, I'd recommend looking at states like Washington (great benefits, no state income tax, strong job market) or Minnesota (good benefits duration and solid worker protections). But honestly, focus your energy on networking and job applications rather than benefit shopping - the best unemployment benefit is the one you don't have to use for long!
0 coins