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I'm going through something similar right now and this thread has been incredibly valuable. One thing I wanted to add based on my research is that NYS DOL also considers constructive discharge situations - where working conditions become so intolerable that a reasonable person would feel forced to quit. This might apply if you're dealing with things like significant reduction in hours/pay, being asked to do work that violates safety regulations, or persistent harassment that management won't address. The key is still documentation though. I've started sending follow-up emails to myself after every verbal interaction with supervisors, just summarizing what was discussed and any concerns raised. That way I have timestamps and records even if they won't put things in writing. Also wanted to mention that some county bar associations outside NYC offer similar free legal clinics - it's worth calling your local bar association to ask about employment law resources in your area.
@Jade Lopez This is really helpful information about constructive discharge - I hadn t'heard that term before but it sounds like it might apply to my situation. The idea of sending follow-up emails to yourself after verbal interactions is brilliant! I m'definitely going to start doing that. Quick question about the county bar associations you mentioned - when you call them, do you specifically ask for employment "law clinics or" is there a particular department or program name I should request? I want to make sure I m'asking for the right thing when I contact my local bar association. Also, have you found any good templates or examples online for how to structure those follow-up emails to yourself? I want to make sure I m'capturing the right details in a way that would be useful if I ever need to reference them later.
I just wanted to thank everyone who has shared their experiences here - this has been incredibly educational for those of us facing similar workplace situations. The recurring theme I'm seeing is that successful claims require three key elements: thorough documentation, attempting formal resolution first, and having enough savings to survive the adjudication period. One additional resource I found helpful is the NYS Department of Labor's own website which has a section called "Quitting Your Job" under their unemployment insurance FAQ that outlines specific examples of what they consider good cause. It includes things like domestic violence situations, caring for ill family members, and workplace safety violations that employers won't correct. They also mention that you should apply for benefits immediately after quitting even if you're not sure you'll qualify - apparently waiting too long can hurt your case. Has anyone here had experience with the appeals process if your initial claim gets denied? I'm wondering how much additional documentation or evidence you can submit during an appeal versus what you initially filed with your claim.
@NebulaNova Great point about checking the NYS DOL website directly - I wish I had known about that specific "Quitting Your Job" section earlier! Regarding appeals, I actually went through that process after my initial claim was denied. You can definitely submit additional evidence during the appeal that you didn't include originally, which was a lifesaver for me. I had gathered more witness statements and medical documentation between my initial filing and the appeal hearing. The appeals process typically involves a phone hearing with an administrative law judge where both you and your former employer can present evidence and testimony. It took about 3-4 additional months in my case, but I was ultimately approved on appeal. The key is treating the appeal like a fresh start and really organizing all your evidence clearly. I'd recommend getting help from one of those free legal clinics for the appeals process too - they can help you understand what additional evidence might strengthen your case.
I'm dealing with this same situation right now - my BYE is this Sunday too! Reading through everyone's responses has been super helpful. Just to make sure I understand the process correctly: certify for the final week first thing Sunday morning, then file the new claim later that same day, and expect a one-week waiting period for the new benefit year? I've got all my employer info from the past 18 months organized and ready to go. It's reassuring to see so many people have successfully navigated this transition. Thanks everyone for sharing your experiences!
Yes, you've got the process exactly right! It's great that you have all your employer info organized - that will definitely make the new application go more smoothly. One small tip I'd add: when you're filing the new claim, double-check that all your wage information matches what's on your pay stubs or W-2s. I've seen people run into delays when there are discrepancies. Also, don't stress if the new claim takes a few days to process - that's totally normal. You're well-prepared and it sounds like you'll handle this transition just fine!
Just wanted to add my experience from when I went through this last year - definitely certify on Sunday for your final week! I was in the exact same boat and was worried about the timing too. The system handled it perfectly fine. One thing I wish someone had told me is to print or save a copy of your final payment confirmation from the old claim, just for your records. Also, when you file your new claim that same day, the system might ask you to verify some information that seems repetitive, but just go through it carefully - it's setting up your new benefit year calculations. The whole process is actually pretty straightforward once you do it. Good luck!
Filing for unemployment was one of the smartest things I did when I got laid off. Even though I waited about 2 weeks myself, I still got benefits for months while job searching. The application process isn't too bad, just make sure you have your employer information and social security number ready.
Sean, I just want to echo what everyone else is saying - file TODAY! I work in HR and see this mistake all the time. People think they have to wait or that there's some complicated process, but you literally just need to go to ny.gov and start the application. The three weeks you've already lost are gone, but don't lose any more time. Also, make sure you have your last employer's information handy (company name, address, dates of employment, reason for separation) and your Social Security number. The system will walk you through everything step by step. You've got this!
This is really helpful advice from someone who works in HR! I'm definitely going to file today. Quick question though - when they ask for "reason for separation," should I put "laid off" or is there more specific language they're looking for? I want to make sure I don't mess anything up on the application.
I'm a per diem medical technologist and went through this exact same worry when I started collecting! The thing that really helped me was understanding that the weekly certification is literally asking about just those 7 days - nothing more, nothing less. If no shifts were posted or available during that week, then you genuinely didn't work (0 hours) and there was no work offered for you to refuse. I always answer that I was available because I truly was ready to pick up shifts if any had been offered. I've been doing this successfully for about 6 months now. The only time I had any issues was when I forgot to report some holiday pay correctly, but that was totally my fault. One thing that really gave me peace of mind was realizing that healthcare facilities rely heavily on per diem staff - we're not some edge case the system can't handle. DOL sees claims like ours all the time. Just be consistent, honest about what actually happened each week, and don't let the online horror stories make you second-guess yourself. You've got this!
This is exactly what I needed to hear! As someone who's brand new to this whole unemployment process, I've been spiraling with anxiety about getting something wrong. Your explanation about the weekly certification only covering those specific 7 days really helps simplify it in my mind. I keep forgetting that healthcare systems literally depend on per diem workers - we're not some weird exception they don't know how to handle. I think I've been reading too many worst-case scenario stories online and psyching myself out. It's so reassuring to hear from someone who's been successfully doing this for 6 months. I'm going to stop overthinking every single word on the certification and just honestly report what happened each week. Thanks for helping calm my nerves about this!
I'm a per diem radiology tech and I was in your EXACT situation when I first started claiming! I remember staring at those certification questions for like 30 minutes trying to figure out if I was going to accidentally commit fraud or something. Here's what I've learned after doing this for about 4 months: those weekly questions are actually pretty literal. If you worked 0 hours that week because no shifts were available, then you didn't work - simple as that. And since no shifts were offered for you to turn down, you didn't refuse work either. The key is just being consistent and truthful about what actually happened during those specific 7 days. I keep a little note in my phone each week just to remember (like "Week of 3/20: Available Mon-Fri, no shifts posted"). Haven't had any issues so far and my payments come through regularly. The healthcare field is full of per diem workers so the system definitely knows how to handle us - don't let the online horror stories freak you out!
Thank you so much for sharing your experience! It's such a relief to know I'm not the only one who stared at those questions forever trying to decode them. Your point about the questions being pretty literal really resonates with me - I think I was reading way too much into each word and trying to find hidden meanings that aren't there. I love your system of keeping notes in your phone each week - that's so simple but would definitely help me stay organized and confident when I'm certifying. It's really encouraging to hear that you've been doing this successfully for 4 months with regular payments. I was getting so worried about all the worst-case scenarios I read online, but hearing from actual per diem healthcare workers who've navigated this successfully is exactly what I needed. I'm going to stop overthinking this and just focus on honestly reporting what happened each week!
Ella Russell
This whole system is rigged against workers. We strike for our rights and they cut us off from benefits. It's time for a complete overhaul!
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Mohammed Khan
•Preach! 🙌 The deck is stacked against us, but we gotta keep fighting.
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Aisha Hussain
I went through this exact situation a few months ago! ULP strikes are treated differently than regular economic strikes in NY. You CAN potentially qualify for unemployment benefits during a ULP strike because it's considered that your employer created the conditions that led to the work stoppage through unfair labor practices. Key things to remember: 1) File your claim ASAP - don't wait, 2) Make sure your union has filed the ULP charges with the NLRB, 3) Keep all documentation about the strike and ULP, 4) Be prepared to appeal if initially denied. The process took about 6 weeks for me but I did get approved. Hang in there! @Katherine Harris
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