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From what I understand, the key issue is the 'able and available' requirement for unemployment. If you're medically unable to work, you can't truthfully certify that you're able and available each week. I'd recommend contacting NYS Department of Labor directly to explain your medical situation and get official guidance before making any decisions about stopping or continuing your weekly claims.
I'm dealing with a similar situation right now and wanted to share what I learned from talking to a case worker. The timing of when you stop unemployment versus when you apply for disability matters a lot. You should stop certifying for unemployment benefits as soon as you know you're unable to work, not wait until disability is approved (which can take months). If there's any overlap period where you collected UI while unable to work, NYS Department of Labor can require you to pay it back even if it wasn't intentional. Also, make sure to keep documentation from your doctor about when your condition started affecting your ability to work - this helps establish the exact date you should have stopped claiming UI benefits.
This is really helpful information, thank you! I hadn't thought about the documentation aspect. My doctor visit was last Tuesday when she first mentioned I might need disability - should I consider that the date I became "unable to work" even though I was still hoping to keep looking for jobs? I'm worried about creating problems with NYS Department of Labor if I pick the wrong date.
Just went through this same issue last month! Here's what worked for me - I called right at 8am when they open and got through after about 30 minutes. Make sure you have your claim number and SSN ready. The rep was able to credit my waiting week immediately and I got paid 3 days later. Don't give up, the key is persistence and calling early! Also keep certifying your weekly claims while you wait or you'll create more issues for yourself.
Had the exact same problem a few months ago! The waiting week thing is super confusing. What finally worked for me was calling the Teleclaim line (888-209-8124) instead of the main number - seemed to have shorter wait times. When you do get through, ask them to check if your waiting week was properly applied to your claim. Sometimes there's a glitch where it shows as served but isn't actually credited. Also make sure you didn't accidentally skip any weekly certifications during that first week - that can mess up the waiting week credit too. Once they fix it, the backpay should come pretty quick (mine was like 4-5 days). Hang in there!
Thanks for sharing the Teleclaim number! I had no idea there was a separate line with shorter wait times. Definitely going to try that tomorrow. The glitch thing you mentioned makes sense too - I wonder if that's what's happening with mine since it's been 3 weeks already. Really appreciate the detailed breakdown! 🙏
I work for a law firm that handles employment cases and can confirm that employer relocation beyond reasonable commuting distance is definitely considered "good cause" under NY Labor Law Section 593. The 50+ mile rule mentioned earlier is generally accurate, but it's not just about distance - they also consider commute time and whether public transportation is available. Syracuse to Buffalo is about 150 miles, so you're well beyond the threshold. When you file your claim, emphasize both the distance (150+ miles) and time (2.5+ hours each way) as creating an undue hardship. Also mention any family circumstances that prevent relocation, like kids in school or caring for elderly parents. The fact that you've been there 4 years actually works in your favor - it shows you're not someone who quits jobs frivolously. Don't let HR intimidate you - they're often wrong about unemployment eligibility because it's not their area of expertise.
This is incredibly reassuring to hear from someone with legal expertise! I had no idea about NY Labor Law Section 593 - that's exactly the kind of specific information I needed. The fact that Syracuse to Buffalo is 150+ miles definitely puts me in a strong position. I do have kids in elementary school here which makes relocation impossible, so I'll be sure to emphasize that family hardship aspect when I file. It's frustrating that HR is giving me incorrect information, but I feel much more confident now about pursuing my claim. Thank you for breaking down the legal framework so clearly!
I actually had a very similar situation about 6 months ago when my company moved from Binghamton to White Plains. The distance was about 160 miles and would have meant a 3+ hour commute each way. I was terrified that HR was right about it being considered a "voluntary quit," but I filed for unemployment anyway. NYS Department of Labor approved my claim after about 3 weeks of review. The key was being very detailed in my application - I explained the exact mileage, calculated the daily commute time, estimated the additional gas and wear-and-tear costs (which would have been over $400/month), and mentioned that my spouse's job and our mortgage kept us rooted in Binghamton. I also included screenshots of the company's relocation announcement email. The adjudicator I spoke with was actually very understanding and said cases like this are more common than people think. Don't give up - your situation with Syracuse to Buffalo sounds even more clear-cut than mine was!
Thank you so much for sharing your experience! It's incredibly helpful to hear from someone who went through almost the exact same situation and was successful. Binghamton to White Plains at 160 miles sounds very similar to my Syracuse to Buffalo situation. I'm definitely going to follow your approach - documenting everything thoroughly including mileage, commute time, and the financial burden of gas and car maintenance. The idea of calculating the monthly costs ($400+) is brilliant because it really shows the unreasonable hardship this would create. I'm feeling much more confident about filing my claim now, especially knowing that adjudicators are understanding about these situations. Did you have to provide any additional documentation during the review process, or was the initial application with screenshots sufficient?
From my experience helping others navigate NYS unemployment claims, your situation sounds like it could definitely qualify for good cause. The fact that you repeatedly communicated your availability restrictions due to childcare and your employer continued to ignore them is exactly the kind of documentation NYS Department of Labor looks for. I'd recommend filing your claim as soon as possible and being very specific about the timeline - when you first informed them of your availability, how many times you had to repeat it, and any specific instances where they scheduled you outside those hours despite knowing about your childcare needs. Also save those text messages you mentioned - they're gold for proving your case. Even if there's some uncertainty, it's better to file and let them make the determination rather than assume you won't qualify.
This is exactly what I needed to hear! I've been hesitating to file because I wasn't sure if quitting would automatically disqualify me, but it sounds like NYS DOL really does evaluate each case individually. I have those text messages saved plus a few emails where I explained my childcare situation to my manager. Reading everyone's experiences here has given me the confidence to move forward with filing. It's reassuring to know that other people in similar situations have been approved - makes me feel less alone in this whole process. Thank you for the detailed advice about being specific with the timeline, I'll make sure to include all those details when I file my claim!
I'm in a very similar boat - had to quit my job at a restaurant because they kept scheduling me during my college classes even though I gave them my class schedule at the beginning of the semester. Reading through all these responses is giving me hope that I might actually have a shot at getting unemployment benefits. It's really helpful to see so many people who successfully got approved after quitting for good cause. I'm definitely going to gather all my documentation (emails with my class schedule, texts about the scheduling conflicts) and file my claim this week. Thanks everyone for sharing your experiences - this community has been more helpful than any official government website I've looked at!
Savanna Franklin
Just be really careful about this stuff. I reported my wages wrong once and they hit me with an overpayment notice months later. NYS Department of Labor doesn't mess around with wage reporting errors.
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Anastasia Kozlov
•@Savanna Franklin How long did it take for them to catch the error? I m'worried I might have made a mistake on one of my recent claims and wondering if I should contact them proactively to fix it or wait to see if they notice.
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Dmitry Petrov
•@Savanna Franklin This is really concerning to hear! I m'new to filing unemployment claims and want to make sure I get this right from the start. When you say you reported wages wrong, was it because you didn t'include tips or because you reported wages for the wrong week? I m'trying to understand the most common mistakes so I can avoid them. Also, did NYS Department of Labor give you any guidance on how to prevent this in the future?
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Juan Moreno
For tips specifically - if you're in a restaurant job, make sure you're reporting what you actually received, not what the restaurant reports as your tip income. Sometimes there's a difference and you want to be accurate on your weekly claim certification.
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Natasha Orlova
•@Juan Moreno This is a great point! I m'also in food service and noticed my paystub sometimes shows different tip amounts than what I actually took home, especially when there are tip-outs to kitchen staff or credit card processing fees. Should I be reporting the gross tips before tip-outs, or the net amount I actually received? I want to make sure I m'being accurate since everyone here is emphasizing how strict NYS Department of Labor is about wage reporting errors.
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