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Whatever you do don't lie to them! They will find out and then you'll be in even worse trouble. I know someone who tried to hide why they got fired and they ended up having to pay back all their benefits plus penalties.
NYS Department of Labor sees this stuff all the time unfortunately. Performance issues vs misconduct is a big distinction for them. Like if you were late all the time or refused to do your job that's misconduct. But if they're saying you weren't meeting metrics or productivity standards, that's usually not considered misconduct that would disqualify you. The safety complaint angle might actually strengthen your case if you can show the timeline of when you made complaints vs when the 'performance issues' started being documented.
For most people it's about 2-3 weeks total if there are no complications. Week 1 is filing and waiting for determination, Week 2 is your unpaid waiting week where you still need to certify weekly, Week 3 is when you should see your first payment if everything is approved. The important thing is to keep certifying every week even if you haven't been paid yet, and make sure you're doing your job search requirements from day one.
Your neighbor sounds like one of those people who complains about everything without understanding how it actually works. Don't let her make you feel bad about collecting benefits you earned!
omg this reminds me of when my aunt tried to tell me the same thing! She was like 'you're taking money from hardworking people' and I was like no aunt susan thats not how this works lol. some people just dont understand the system
just so you know disaster unemployment usually requires federal declaration of disaster in your area. not every flood or storm qualifies unfortunately
The timing matters too - you usually have to apply within a certain timeframe after the disaster declaration. Don't wait too long to file your application with NYS Department of Labor. The disaster assistance program has stricter deadlines than regular unemployment.
Yuki Tanaka
Wait I'm confused - I thought they used your total annual earnings? My cousin said they look at everything you made in the past year and divide by 52 weeks. That's not right?
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Mateo Rodriguez
•No, that's not how NYS Department of Labor calculates it. They use your highest quarter from the base period, not annual earnings. A lot of people get confused about this because other states do it differently.
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Carmen Diaz
Just went through this last month. One thing to watch out for is if you had any gaps in employment or if you're seasonal - that can affect your base period and you might not qualify for the full amount even if your highest quarter looks good. Also make sure all your employers reported your wages correctly because I had to dispute mine when one job didn't report properly.
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