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This reminds me of when my cousin went through the same thing last summer. She was panicking about not getting her back pay but it all worked out. The waiting is the worst part but NYS Department of Labor does pay what they owe you. Stay strong!
Just went through this exact situation a few months ago! The waiting is nerve-wracking but you should definitely get your back pay. One tip - check your online account regularly because sometimes the payments show up there before you get any notification. Also, if you have direct deposit set up, the money usually hits your account faster than waiting for a paper check. Hope you get your payments soon and can catch up on those bills!
If you're having trouble getting through to NYS Department of Labor to discuss your case or need to speak with someone about the appeal process, I used claimyr.com recently when I needed to reach an agent quickly. They have a service that gets you connected to actual NYS Department of Labor representatives without waiting on hold forever. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helpful when you're dealing with time-sensitive unemployment issues like employer appeals.
I'm also dealing with a similar situation right now. One thing I learned is that you should also check if your state has specific guidelines about what constitutes "misconduct" versus just poor performance. In NY, the misconduct has to be willful and work-related. Being consistently late might qualify if you have documented warnings and a clear attendance policy that the employee acknowledged. Make sure you can show that the employee knew the consequences of their actions and continued the behavior anyway. Also keep copies of everything you send to NYS Department of Labor for your records.
This is really helpful advice about the willful misconduct standard in NY. I'm curious - how do you prove that an employee "knew the consequences" beyond just having them sign the employee handbook? Did you have to get written acknowledgments each time you gave warnings, or is it enough to have the warnings documented in their personnel file? I want to make sure I'm building the strongest case possible.
talk to your landlord NOW and explain the situation. most will work with u if u show them the approval letter. better to be upfront than wait till rent is due and u still dont have the $$
I'm going through the exact same thing right now! Got my approval letter 6 days ago and still nothing in my account. The "payment pending" status is driving me crazy because there's literally no way to know what's actually happening behind the scenes. I've been reading through all these comments and it sounds like anywhere from 5-17 days is normal, which is such a huge range. Really wish NY would update their system to give us more transparency about where our payments actually are in the process. Hang in there - sounds like we just have to wait it out unfortunately.
ugh the whole system is so confusing!! why cant they just make it simple - if you worked somewhere and got laid off you should get benefits period
I completely understand your confusion! I went through the same thing when I got laid off from a youth mentoring nonprofit last year. Like others have said, most nonprofits in NY do pay into unemployment insurance. What helped me was gathering all my pay stubs before filing - they show the various deductions including unemployment insurance contributions. Also, don't let the website's generic questions throw you off - just fill it out exactly like you would for any other employer. The nonprofit status won't affect your eligibility as long as you meet the standard work history and wage requirements. You've got this!
Carmen Vega
Just wanted to say hang in there! Partial benefits really helped me when my hours got cut. The important thing is to keep filing every week even if the amount seems small. Better than nothing while you're looking for something full-time.
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Aisha Mahmood
I went through this exact situation last year when my hours got cut at a clothing store. One thing that helped me understand the calculation was to think of it this way: NYS lets you keep 75% of whatever you earn from work, and then gives you the remaining benefit amount. So if you're supposed to get $300/week in unemployment but you earn $100 from your part-time work, you keep $75 of that $100 (the 75%), and they subtract $25 from your $300 benefit, leaving you with $275. It's actually pretty fair once you understand it. Just make sure to certify every week and be honest about your earnings - they will find out if you don't report correctly!
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Ravi Gupta
•This is such a helpful way to think about it! I was getting so stressed about the math but breaking it down like that makes it way clearer. So basically I get to keep most of what I earn from working AND still get most of my unemployment benefit. That actually seems like a good deal while I'm trying to find full-time work again. Thank you for explaining it in simple terms!
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