I'm currently going through a very similar situation with Walmart right now - got terminated about 5 weeks ago for attendance issues and they're definitely contesting my claim. From everything I've experienced and researched, Walmart has a pretty aggressive approach to fighting unemployment claims, especially attendance-related ones. They seem to contest around 70-80% of claims automatically through their HR system. However, I've been encouraged by reading through this thread and seeing how many people have actually won their cases when they had legitimate documentation. Car problems are exactly the type of "circumstances beyond your control" that the NYS Department of Labor looks for. The key seems to be having solid evidence - repair receipts, towing bills, photos, even text messages that establish a timeline. My adjudication has been going on for about 3 weeks now, so your 2-week wait is still totally normal. I know how stressful the waiting is, especially when you're counting on those benefits to cover basic expenses. But don't let Walmart's automatic pushback discourage you - from what I'm seeing in these responses, many people do successfully win these cases against big retailers when they can prove their absences were unavoidable. Keep gathering any documentation you have and stay strong!

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!

I'm in almost the exact same situation! Just accepted a job offer this week with a start date of February 14th, and I was really stressed about whether I could continue filing my weekly claims. Reading through all these responses has been incredibly reassuring - it sounds like complete transparency is the key. I've been making sure to answer "yes" when asked about accepting work with a future start date and always include February 14th on my weekly certifications. The way everyone explains it makes perfect sense - we're still technically unemployed until we actually start working and earning paychecks. I'm definitely keeping my offer letter saved and documenting everything just to be safe. It's such a relief to know this is a completely normal situation and that so many people have successfully navigated the same gap period. Thanks to everyone for sharing their experiences - this thread has been a huge help in understanding that we're doing everything right by being honest and claiming benefits until we actually begin working!

I'm going through this exact same situation right now - just accepted an offer last week with a February 21st start date! This entire thread has been such a relief to read through. I was honestly losing sleep over whether I was somehow breaking the rules by continuing to file my weekly claims. After seeing all these success stories, I feel so much more confident about the approach I've been taking. I've been completely transparent on every weekly certification about accepting the job offer and including my February 21st start date. The way everyone explains being "still unemployed until you actually start earning" really clarifies everything perfectly. I'm keeping my offer letter and screenshots of all my filings just in case they need documentation later. It's amazing how much anxiety this whole process can cause when you're genuinely just trying to follow the rules correctly! Thanks to everyone who shared their experiences - knowing so many people have successfully navigated similar gap periods without any issues gives me so much peace of mind. This community is incredibly helpful for situations like this where the rules aren't always crystal clear.

I'm new to this community but unfortunately not new to NYS DOL overpayment issues. I went through a similar situation about a year ago and wanted to share some practical advice that helped me navigate the process. First, definitely take advantage of that 30-day window - even if you're unsure about appealing, at least call to discuss your options and buy yourself time to gather documentation. When I called, I specifically asked for a supervisor who could explain the calculation in detail, which helped me understand where the discrepancy occurred. One thing I learned is that you can request to see the exact records they used to determine your overpayment - this often reveals errors in their system or misinterpretations of your reported information. I also discovered that keeping detailed records of EVERYTHING is crucial - dates of calls, representative names, confirmation numbers, payment receipts. Their system doesn't always sync properly between departments. For those dealing with fraud penalties specifically, I found that providing a written statement explaining your understanding of the rules at the time, along with any supporting documentation, can be very helpful in showing the mistake was unintentional. The process is definitely stressful and confusing, but don't let that intimidate you into just paying without exploring your options. You have more rights than they initially tell you about.

I'm reading through all these experiences and I'm both grateful for the support and frustrated by how common this problem seems to be. I've been dealing with my own $2,800 overpayment notice for about a week now and the stress is overwhelming. What strikes me most from everyone's stories is how inconsistent the information seems to be from different representatives, and how the system appears to automatically flag things as "fraud" even when it's clearly just confusion about reporting requirements. I'm definitely going to try the 8 AM calling strategy and ask specifically about both appeals and the waiver option that @fda89eaa80bc mentioned. It's really helpful to know that I can request detailed documentation about their calculation - I feel like I need to understand their math before I can effectively challenge it. For those who successfully reduced their penalties or payments, it seems like persistence and good documentation are key. I'm also taking notes on everyone's advice about getting everything in writing and keeping detailed records of every interaction. Thank you all for sharing your experiences - it's making this scary situation feel a bit more manageable knowing I'm not alone and that there are actual strategies that have worked for others.

I'm dealing with this exact situation and this thread has been such a relief! I was laid off from my job two weeks ago and have a small rental property that brings in about $1,300/month. I was so worried that having rental income would completely disqualify me from unemployment benefits or somehow complicate the process. Reading all these real experiences from people who've successfully navigated this with NYS Department of Labor has given me so much confidence. The passive vs earned income distinction really makes sense - rental income isn't wages from employment, so it shouldn't count against unemployment benefits. I'm going to file my claim this week and plan to be completely upfront about the rental income from day one. Thanks to everyone who shared their experiences - it's amazing how much clearer everything becomes when you hear from actual people who've been through the process!

I'm in a very similar situation and this thread has been incredibly reassuring! I got laid off from my job at a marketing firm about 10 days ago and have been hesitant to file for unemployment because I rent out a basement apartment in my house for $900/month. I was convinced that having any kind of rental income would somehow disqualify me or create major complications with my claim. Reading everyone's experiences about rental income being treated as passive income has really put my mind at ease. It makes total sense that there's a difference between rental income and wages from actual employment. I'm definitely going to file my application this week and be completely transparent about the rental income from the beginning. The consistent theme from everyone who's successfully gone through this process seems to be honesty and proper reporting on the weekly certifications. Thanks so much to everyone who took the time to share their real experiences - this community support has been invaluable for understanding how the NYS Department of Labor actually handles these situations!

I'm in a very similar situation right now! Got laid off from my main job at a design agency about 3 weeks ago due to budget cuts, but I had quit a small evening tutoring job about 2 months before that because it was conflicting with my regular work schedule. This entire thread has been such a huge help - I was really stressing about those confusing questions on the NY unemployment application. Reading through everyone's real experiences has given me so much confidence about how to answer correctly. Based on all the consistent advice here, I'm definitely going to answer NO to question 1 (since I didn't lose ALL employment due to lack of work - I voluntarily quit the tutoring job) and YES to question 1a (since my main job definitely paid way more than $5040). It's really reassuring to see that the system focuses on whether your primary income source was lost involuntarily, not trying to penalize you for smaller jobs you might have left on your own. Thanks to everyone who took the time to share their stories - it makes this whole confusing process feel so much more manageable when you can learn from people who've actually been through it successfully!

I went through this exact same situation about 8 months ago! Had a main job at a publishing company and was doing some weekend work at a coffee shop that I quit in February because the early morning shifts were exhausting me before my regular workday. Then got laid off from my main job in June due to company downsizing. The wording on those questions definitely confused me too, but here's what I learned after successfully getting through the process: Answer NO to question 1 since you didn't lose ALL employment due to lack of work (you voluntarily quit the part-time job), then YES to question 1a since your main job definitely paid more than $5040. I was super worried that quitting the coffee shop job would hurt my claim, but it had zero impact on my eligibility. During my phone interview, they asked about both jobs - I explained that I left the coffee shop due to schedule conflicts and was laid off from my main job due to budget cuts. Since my primary income source was clearly lost through no fault of my own, I got approved and started receiving benefits after the waiting week. The whole process took about 2-3 weeks from application to first payment. Just be completely honest about your work history and remember that they're really focused on whether your main source of income was lost involuntarily. You should be totally fine - don't stress too much about it!