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File ASAP!! Even if you think they might deny you. I made the mistake of waiting because I thought I wouldn't qualify and lost out on like 3 weeks of benefits while I was overthinking it.
I went through something similar about 6 months ago - also fired for "performance issues" after 2+ years at my job. I was terrified to file but I'm so glad I did. The NYS Department of Labor approved my claim because performance issues alone usually don't qualify as misconduct. The key is being honest in your application but not over-explaining. Just state the facts: you were terminated due to performance concerns. If your employer contests it, you'll get a chance to tell your full story during the phone interview. Don't let fear stop you from filing - you've been paying into this system and deserve to use it when you need it. Good luck!
Just keep filing your weekly claims even while it says claim process pending, that's what they told me to do
I went through the same confusion! "Claim process pending" basically means NYS Department of Labor is doing their background checks - verifying your work history, wages, and eligibility. It's their standard review process before approving benefits. The key thing is to keep certifying weekly even while it's pending, because once approved, you'll get backpay for those weeks. Most people see it switch to "approved" within 2-4 weeks unless there's an issue that needs investigation. The waiting is nerve-wracking but it's totally normal!
Just wanted to update - I successfully reopened my claim online yesterday. The process took about 20 minutes. They did ask for detailed information about my temporary employment, so definitely have that ready. My first certification was processed without issues and payment is already pending in my account. So it definitely works!
I had a similar situation last year! You definitely want to reopen your existing claim rather than file a new one since you're still within your benefit year. When you log into your NY.gov account, look for "Unemployment Services" and then "Reopen a claim" - it should be pretty visible on the main page. Just make sure you have all your temp job details ready (start date, end date, reason for leaving, employer info) because they'll ask for everything. The good news is there's usually no waiting period for reopening, so you should get paid pretty quickly once you certify. Good luck!
Wait I'm confused about something - if I work part time at a regular job vs doing freelance work, are the rules different? I thought there were different rules for W2 vs 1099 income?
@StarSurfer - One thing to keep in mind with freelance graphic design work is that you'll also need to set aside money for taxes since you won't have taxes withheld like with a regular job. As a freelancer, you'll be responsible for self-employment tax (15.3%) plus regular income tax on whatever you earn. So if you're making $200-300/week, consider putting aside about 25-30% for taxes. This might affect how much extra income you actually net after reporting to NYS Department of Labor and paying taxes later.
Olivia Martinez
Just file the claim online through my.ny.gov and let the system work. Being fired doesn't automatically disqualify you - only if it was for gross misconduct like theft or violence. Attendance issues usually fall into a gray area that gets decided case by case.
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Zoe Dimitriou
I went through something similar last year when I was fired from my restaurant job for being late too often. The NYS Department of Labor approved my benefits because I could show that most of my tardiness was due to my second job running late (I was working two jobs to make ends meet). The key is being completely honest in your application and providing context for why the attendance issues happened. Don't just say "I was late" - explain the transportation problems, childcare issues, etc. Also, start your claim immediately even if you're unsure about eligibility. You can always appeal if they deny you initially, but you can't get backpay for weeks you didn't file. The worst thing that happens is they say no, but you won't know until you try.
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