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Yeah definitely file right away but just be prepared for potential delays in processing. My claim took 3 weeks to get approved even though I had all the right paperwork. NYS Department of Labor is still backed up from all the claims over the past few years. At least you'll be in the queue though.
I went through this exact situation 6 months ago when I was laid off. The most important thing is to file immediately - there's no benefit to waiting and you'll lose money for every day you delay. One tip that helped me: gather all your employment documents before you start the online application. I had to stop halfway through because I couldn't find my last pay stub and had to start over. Also, if you were terminated rather than laid off, NYS Department of Labor will investigate whether it was "for cause" which could affect your eligibility, but don't let that stop you from filing - let them make that determination. Good luck!
This is really helpful advice! I'm curious about the investigation process you mentioned - how long did that take in your case? I was terminated but it wasn't for anything serious (just not meeting performance expectations during my probation period), so I'm hoping it won't delay things too much. Did you have to provide additional documentation during the investigation?
Just wanted to add my experience since I went through this exact situation last year. When my regular 26 weeks ran out in April, I was panicking because EB wasn't active then either (unemployment rate was around 4.1% at the time). Here's what actually happened: NYSDOL sent me a message in my online account about 2 weeks before my benefits ended explaining that EB wasn't available but that I should keep certifying weekly in case the situation changed. They also included information about other programs I might qualify for. The most important thing I learned is to NOT stop certifying, even if your payments stop. I made that mistake for about 3 weeks thinking there was no point, and it caused a whole mess when I tried to get back into the system later. For anyone looking at the 599 Training Program - it's legitimate and can really help, but the approval process takes time so start early if you're considering it. Also, some programs have waiting lists, so don't wait until the last minute. One last tip: if you do end up in a gap between benefits, document EVERYTHING. Save screenshots of your account, any messages from NYSDOL, your certification history, etc. It made things so much easier when I eventually got connected with a helpful rep who could see exactly what had happened with my claim.
This is exactly the kind of real-world advice I needed to hear! The part about not stopping certification even when payments stop is crucial - I almost made that same mistake. I'm definitely going to start documenting everything now, just in case. Thanks for sharing your experience and the heads up about starting the 599 Training Program application early. It sounds like planning ahead is really key here, especially with potential waiting lists. Did you end up finding work before any extended benefits became available, or did you have to rely on other assistance programs during that gap?
I'm currently on week 18 of my regular benefits and this whole thread has been incredibly eye-opening. I had no idea about the specific unemployment rate thresholds for EB or the 599 Training Program - my case worker never mentioned any of this when I first filed. Reading everyone's experiences, it's clear that staying proactive is key. I'm going to start researching approved training programs now rather than waiting until my benefits are about to run out. The IT certification route sounds promising since that's been on my to-do list anyway. One question for those who've been through this - is there a specific time frame you'd recommend starting the 599 Training Program application process? Like should I be applying now at week 18, or wait until I'm closer to exhausting my regular benefits? I don't want to jump the gun but also don't want to miss any deadlines or end up on a waiting list. Also, huge thanks to everyone who shared their real experiences here. The official NYSDOL information is so vague and confusing, but hearing what actually happened to real people makes this so much less scary to navigate.
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.
Just wanted to add my experience for anyone else in this situation - I was in almost the exact same boat last year with a 9-month contract that ended. NYS Department of Labor approved my claim within 2 weeks based on my W-2 employment history from the previous year. The key thing I learned is that they look at your "base period" which is typically the first 4 of the last 5 completed calendar quarters before you file. So even though my most recent work was 1099, I had enough W-2 earnings in my base period to qualify. My advice: file immediately online, be completely honest about all work including the contract role, and keep records of everything. The online application will ask about all employment in the past 18 months anyway, so there's no point in trying to hide the contract work. NYS Department of Labor is actually pretty good at sorting through these situations - they see misclassified contractors all the time.
I had the exact same concern when I was laid off from my job in Rochester last month! My HR department actually explained this to me - they said the state requires all employers to pay into the unemployment insurance system throughout the year, kind of like how we all pay into Social Security. When you file for benefits, you're just accessing a fund that your employer (and you through payroll deductions) already contributed to. My former employer was actually supportive when I filed because they understood it wasn't coming out of their current budget. Don't let this worry prevent you from getting the support you're entitled to - especially if you were laid off through no fault of your own.
I went through this exact situation a few months ago and was so relieved to learn how it actually works! The key thing to remember is that unemployment insurance is exactly that - insurance. Your employer has been paying premiums into the state system all along, just like they pay workers' comp insurance. When you file a claim, the state pays you from that insurance fund, not from your employer's operating budget. Yes, frequent claims can raise their future premium rates, but that's how all insurance works. If you were laid off due to budget cuts (which sounds like your situation), most reasonable employers expect former employees to file for benefits - it's what the system is designed for. Don't let fear of awkwardness prevent you from accessing benefits you've earned and deserve!
This explanation really puts things in perspective! I've been hesitating to file because I was worried about burning bridges, but you're absolutely right - it's insurance that's already been paid for. The comparison to workers' comp insurance makes it click for me. Since I was laid off due to legitimate budget cuts, it sounds like filing is actually the normal expectation. Thank you for breaking this down so clearly - I'm going to file my claim tomorrow!
Andre Laurent
I went through this exact same situation with Walmart about 8 months ago - terminated for attendance issues due to car problems and they absolutely contested my claim. The good news is I eventually won after about 3.5 weeks of adjudication! What really helped my case was organizing all my documentation clearly - I had repair receipts from my mechanic, photos of my car broken down on the side of the road, and even bank statements showing the timing of the repair payments that correlated with my missed work days. Walmart definitely contests claims automatically (I learned they have entire departments dedicated to this), but the NYS Department of Labor adjudicators really do look at whether your absences were due to circumstances beyond your control. Since you have legitimate car trouble with documentation, you're in a much better position than you might think. Make sure to upload everything through your online portal - receipts, photos, even text messages about your car problems can help establish the timeline. The waiting is absolutely brutal when you need those benefits, but 2 weeks is still completely normal for contested claims. Don't give up hope - many of us have successfully beaten Walmart's automatic pushback when we had solid proof our absences were unavoidable!
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Yara Campbell
I'm in a very similar boat right now - got let go from a different retailer for attendance issues about a month ago and they're fighting my claim too. What I've learned from talking to other people and doing research is that these big companies like Walmart basically contest unemployment claims as standard practice, especially for attendance-related terminations. It's all about keeping their unemployment tax rates low. The encouraging thing is that car trouble with proper documentation is exactly what the NYS Department of Labor considers "circumstances beyond your control." I'd definitely recommend uploading every single piece of evidence you have - repair receipts, towing bills, photos of your broken car, even text messages complaining about the car trouble around those dates. Two weeks is still totally normal timing for adjudication when there's a contest involved. I know the waiting is incredibly stressful when you're depending on those benefits to pay rent, but don't let their automatic pushback discourage you. From what I'm seeing in this thread, a lot of people actually do win these cases against big employers when they can prove their absences were legitimately unavoidable. Stay strong and keep fighting it!
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