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I've been following this thread as someone who was also terrified to file due to employer retaliation concerns, and I wanted to share what finally helped me take action. What shifted my perspective was realizing that by NOT filing, I was essentially letting my former employer continue to control my financial situation even after they'd already terminated me. The NYS DOL system exists specifically to protect workers in situations like ours - where employers might try to avoid paying higher UI taxes by making false or exaggerated claims about why someone was let go. Here's what I did that made the process less scary: I spent one evening writing down everything I could remember about my last few weeks of employment - dates, conversations, witnesses present, any emails or texts I'd sent to friends/family about work issues. Then I filed my claim the next day before I could second-guess myself again. Having that documentation ready gave me confidence that I could respond effectively if my employer tried to contest with false information. The reality is that most employers either don't contest at all or can't provide adequate documentation when they do. The adjudicators have seen every trick in the book and are good at spotting employers who are just trying to avoid paying into the system. Don't let fear of what someone might say cost you benefits you've literally paid for through your payroll deductions. You deserve that financial support while you look for new work!
@Lucas Adams This really hits home for me - the idea that by not filing I m'letting my former employer continue to control my situation even after termination is such a powerful way to think about it. I ve'been so focused on what they might say that I completely lost sight of the fact that I literally paid into this system through every paycheck and have every right to access these benefits. Your approach of writing everything down in one evening and then filing the next day before second-guessing kicks in is exactly what I think I need to do. I tend to overthink things and talk myself out of taking action, but you re'absolutely right that I ve'already earned these benefits through my work history. Reading everyone s'experiences in this thread has been incredibly reassuring - it sounds like the NYS DOL investigators really do know how to spot employer tactics and require actual documentation rather than just taking anyone s'word for it. I m'going to follow your advice and spend this weekend documenting everything I can remember, then file on Monday morning. Thank you for the reminder that this system exists to protect workers like us!
I was in a very similar situation about 8 months ago and want to share what I learned to hopefully ease your anxiety. Yes, NYS DOL does contact your employer, but the process is much more structured and fair than you might be imagining. They send Form IA 12.3 which asks very specific questions about your separation - it's not an open forum for your boss to vent or make unsubstantiated claims. What really helped me was understanding that if your employer wants to dispute your claim, they need actual documentation to back up their version of events. In my case, my former manager tried to claim I was terminated for "unprofessional behavior" but when pressed for evidence, all they had were some vague notes that didn't follow any formal disciplinary process. The adjudicator approved my claim within about 10 days because there was no proper documentation trail. My biggest mistake was waiting almost a month to file because I was scared of what my employer might say. That cost me nearly $1,000 in benefits that I could never get back since there's no retroactive payment before your filing date. Don't let fear of your former boss's potential lies rob you of money you've rightfully earned through your payroll contributions. The NYS DOL investigators are experienced with dishonest employers and know what red flags to look for. File your claim now and use the waiting period to gather any documentation you have - emails, texts, pay stubs, anything that supports your timeline of events. You've got this!
@Fatima Al-Mazrouei Thank you for sharing such a detailed account of your experience! Your story about the unprofessional "behavior claim" that had no proper documentation really resonates with me - it sounds like these vague accusations without formal disciplinary processes are pretty common tactics that the NYS DOL investigators see right through. The $1,000 you lost by waiting a month is a sobering reminder of what my hesitation is actually costing me. I ve'been unemployed for about three weeks now and reading that number really drives home that every day I delay is real money I ll'never get back. Your point about the investigators being experienced with dishonest employers gives me a lot of confidence - it sounds like they ve'developed good systems for separating legitimate documentation from employer BS. I think I ve'been letting my imagination run wild about what this process would look like, but hearing about the structured Form IA 12.3 versus some kind of open-ended interview makes it feel much more manageable. I m'definitely going to file this week and stop letting fear control my financial future. Thank you for the encouragement and the reality check about timing!
I'm also a teacher in NY and went through this exact situation when I first started teaching. The reasonable assurance rule is definitely frustrating, but there's one scenario that might apply to some teachers - if you're on a temporary or substitute contract rather than a permanent position. I had a friend who was able to collect unemployment between her long-term sub positions because she didn't have that "reasonable assurance" of returning to the same job. Also, if you're looking for summer income, many districts hire teachers for summer programs, ESY (Extended School Year), or summer school positions. The pay isn't great but it's something. Some teachers also do test prep tutoring or work at educational summer camps. It's worth checking with your union rep too - they usually have good information about what options are available in your specific district.
That's a great point about substitute positions! I'm curious about the summer school angle - if a teacher works summer school for their own district, does that affect their eligibility for unemployment in future summers? Like, would the NYS Department of Labor consider that as strengthening the "reasonable assurance" argument even more? Also, do you know if there are any differences between working summer programs within your home district versus taking a summer position in a completely different district?
I'm a former NYS Department of Labor employee and can confirm what others have said about the reasonable assurance rule. It's codified in NY Labor Law Section 590.11 and is pretty strictly enforced for school employees. The key factor is whether you have a contract or written agreement to return to work in the fall. Even if your salary is spread over 12 months instead of 10, you're still considered to have reasonable assurance. One thing I haven't seen mentioned yet - if you're a probationary teacher and there's genuine uncertainty about your job security for the next year, that could potentially affect your eligibility. But you'd need documentation showing the uncertainty isn't just routine evaluation but actual doubt about contract renewal. The burden of proof would be on you to show the assurance isn't "reasonable." For most tenured or continuing contract teachers though, summer unemployment just isn't going to happen under current NY law.
Thanks for that detailed legal breakdown! As someone new to this situation, I'm wondering - what exactly constitutes "documentation showing uncertainty" for probationary teachers? Would something like a performance improvement plan or concerns raised during evaluations be enough, or does it need to be more explicit like a notice that contract renewal is in question? Also, you mentioned NY Labor Law Section 590.11 - is that something regular people can access online to read the exact language, or do you need to go through legal databases?
Just want to add - make sure you have all your pay stubs from that part-time work before you try to file. NYS Department of Labor will verify everything anyway but having the documentation ready makes the process smoother. Good luck!
I went through something similar a few years back. The key thing to understand is that each time you work and earn wages, it can potentially create a new "benefit year" for unemployment purposes. So even though you missed the deadline for your 2023 job loss, if you had any legitimate employment in 2024 (sounds like you did with that part-time summer work), you might be able to establish a new claim. The tricky part is meeting the minimum wage requirements - you'll need to calculate if those part-time earnings hit the thresholds others mentioned. I'd recommend trying to file online first through the NYS DOL website, as it will tell you pretty quickly if you have sufficient wage credits. Don't give up hope yet!
The NYS Department of Labor system is so confusing about this stuff!! I asked my caseworker about disability and they just said to 'look into it' but gave me no actual guidance. Meanwhile I'm struggling to meet the job search requirements because of my back problems.
Apply for SSDI immediately - don't wait. The application process is lengthy and you want to get your claim date established. You can continue UI while the disability application is pending, just be honest about your medical limitations when filing your weekly claims. If you're approved for disability retroactively, you may need to repay some unemployment benefits, but it's better than having no income at all.
You should be honest about your medical condition and limitations, but you don't necessarily need to volunteer that you've applied for disability unless specifically asked.
@Grace Durand I went through this exact situation two years ago. Applied for SSDI while still on unemployment and it worked out fine. Just make sure you keep all your medical documentation organized - you ll'need it for the disability application. The key is being consistent about your limitations when you file your weekly UI claims. Don t'say you re'able "and available for all work if" your condition prevents certain types of jobs.
Eli Wang
Check your email too sometimes they send updates there instead of the website messages. Also call your local career center they might have more info about appeal timelines in your area.
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Norah Quay
I feel for you - the waiting is brutal when you're running low on funds. One thing that helped me was calling the Appeals Bureau directly at (518) 402-0205 rather than the main unemployment line. They're usually less busy and can at least confirm they received your appeal and give you a rough timeline. Also, if you haven't already, make sure you're continuing to certify for benefits each week even while your appeal is pending - if you win, you'll get backpay for those weeks. Hang in there, 6 weeks is still within the normal timeframe even though it feels like forever.
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Freya Thomsen
•Thank you so much for that direct number! I've been calling the main line and getting nowhere. Just to clarify - when you say continue certifying for benefits, do you mean I should keep doing the weekly certification even though my claim shows as disqualified? I stopped doing it because I thought there was no point since I'm not getting paid anyway.
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