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The key is understanding that unemployment isn't automatic even when you're terminated. NYS Department of Labor has to determine if the termination was for cause (misconduct) or not. Attendance issues can be tricky - it depends if you followed company policy for reporting absences and if there were legitimate reasons.
I went through this exact situation last year and it's really nerve-wracking but you have a good chance if you have documentation. Since you have texts showing you communicated about childcare issues and called in when late, that works in your favor. NYS Department of Labor will look at whether your employer had clear attendance policies, if they gave you progressive discipline (warnings before termination), and if your reasons were legitimate. Childcare issues are generally considered valid reasons for attendance problems. Make sure to submit all your text messages and any emails as evidence during the adjudication process. It took about 6 weeks for my case to be resolved but I did get approved in the end.
Just wanted to add that if you do end up having to pay back the overpayment, you can potentially claim it as a deduction on next year's tax return under the claim of right doctrine. Not tax advice obviously but worth asking a tax professional about.
I went through this exact same thing last year and it's incredibly frustrating. The key thing to understand is that NYS Department of Labor overpayments are usually based on either unreported income, work search requirements not being met, or employer wage reports that contradict what you certified. The taxes you paid don't factor into whether you were eligible - they're completely separate processes. My advice: 1) Request a detailed breakdown of exactly which weeks they're claiming as overpaid and why, 2) Gather all your documentation from that period (work search logs, income reports, etc.), and 3) Appeal within the 30-day window even if you're not sure - you can always withdraw the appeal later but you can't file one after the deadline. Don't let them just take your word for it that you owe the money without proving exactly how they calculated it.
Same thing happened to my brother in law. Turned out NYS Department of Labor was cross-checking with his previous employer about his separation reason. Even though he was laid off, HR at his old job reported it wrong initially. Took 3 weeks to straighten out but he got all his back pay once it was resolved.
I'm going through the exact same thing right now! My claim was fine for 8 weeks and then suddenly went on hold last Tuesday. I've been calling the NYS Department of Labor number every day but can never get through - it just hangs up on me after being on hold for hours. The worst part is not knowing what triggered the review or how long it will take. I've been keeping detailed records of all my job search activities and haven't changed anything about my situation. Really hoping this gets resolved soon because like you said, bills don't stop coming just because the state decides to investigate your claim for mysterious reasons.
Have u tried reaching out to your state rep? Sometimes they can help navigate the system or even intervene on ur behalf. Worth a shot if you get stuck in unemployment purgatory.
I'm in a similar situation and just went through this process! As an independent contractor, your eligibility really depends on whether you have ANY W2 income in your base period. Since you mentioned having a part-time W2 job about a year ago, definitely check if that falls within your base period (first 4 of last 5 completed calendar quarters). Even if you're not sure, apply anyway - the worst they can say is no, and you might be surprised. Also, with your current $170/week from remaining clients, you'd likely qualify for partial benefits if you do have that W2 history. The key is being completely honest about all your income when you certify weekly. Don't let the confusing website discourage you - many people think they won't qualify but end up getting benefits. Good luck!
Callum Savage
One thing to watch out for - make sure you report any severance pay you might have received. That can affect when your benefits start. Also if you worked in multiple states, that can complicate things, but since you said it was just the one job in NY you should be fine filing a regular claim with NYS Department of Labor.
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Diego Chavez
Hugo, based on what you've described, you should definitely be eligible for unemployment benefits in NY. Being laid off due to business reasons (not misconduct) qualifies you, and 8 months of work history should meet the earnings requirements if you were making $16/hour consistently. A few tips: 1) File your claim online at labor.ny.gov as soon as possible - you can backdate up to one week but don't delay, 2) Have your Social Security card, driver's license, and employment records ready when you apply, 3) Start keeping a job search log right away since you'll need to document those 3 weekly job contacts. The online application walks you through everything step by step. Good luck!
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