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The whole system is so confusing! Why can't they just have clear guidelines about separation agreements on their website? Every situation seems different and you never know what's going to trip you up.
I went through this exact situation about 8 months ago with my company in NYC. The key thing that helped me was getting a letter from HR confirming that my position was being eliminated due to restructuring, even though I signed a separation agreement. When I filed my unemployment claim, I uploaded that letter along with the separation agreement. NYS Department of Labor approved my benefits without any issues. The severance didn't delay my benefits either since it was a lump sum payment, not ongoing wages. Just make sure you're honest about everything when you file - they can see if you received severance pay anyway, so transparency is your best bet.
That's really helpful to know! I'm also in NYC so this gives me hope. Did you have to wait long for approval or was it pretty straightforward once you submitted everything? I'm worried about any delays since I need to start receiving benefits as soon as possible after my last day.
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good for you getting off the system! I've been trying to find work for 8 months now and still nothing. The job search requirements are such a pain.
Hang in there! I know how frustrating it can be. The job market seems to be picking up a bit lately.
Just want to add that if your part-time job has irregular hours or you're not sure about the full-time conversion timeline, you might want to keep your claim open initially and just report your part-time earnings each week. NYS allows you to work part-time while collecting reduced benefits as long as you report all wages honestly. This way you have a safety net if the full-time position doesn't materialize. Once you're confident about steady full-time work, then do the proper closure process everyone mentioned above.
That's really smart advice about keeping the claim open initially with part-time work reporting. I hadn't thought about that option. Since my new job is only part-time right now and they said "might" turn into full-time, maybe I should do exactly what you suggested - report the part-time wages and keep the claim active until I know for sure about the full-time position. Better safe than sorry! Do you know if there's a limit to how long you can do partial benefits like that?
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Just remember you'll still need to file your weekly claims and do the job search requirements even once you start getting benefits. NYS Department of Labor is pretty strict about that stuff now.
Based on your $52k salary, you should be in good shape for benefits. Just make sure you keep good records of your employment dates and wages - NYS Department of Labor will verify everything during the application process. Also heads up that there's usually a one-week waiting period before you start receiving payments, so factor that into your planning if you do end up needing to file.
That's really helpful about the one-week waiting period! I hadn't thought about that timing issue. Do you know if the waiting period starts from when you first file your claim or when you're actually approved? I want to make sure I have enough savings to cover that gap if I end up needing to file.
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Check your correspondence in your online account every day. Sometimes they send requests for information or forms to fill out and if you miss the deadline they stop your benefits. Also make sure you didn't accidentally answer one of the weekly certification questions wrong.
Good point about the certification questions. I'll go back and double check my last few submissions to see if I made a mistake somewhere.
I went through something similar a few months ago. My benefits stopped after 8 weeks with no explanation, just the "under review" status. Turned out they flagged my claim because I had reported some freelance work income a few weeks earlier and they needed to verify it wasn't affecting my eligibility. Even though I reported it correctly, their system automatically triggered a review. It took about 2 weeks to resolve once I got through to speak with someone. Don't panic - in most cases these reviews get resolved and you'll get back pay for the weeks you missed. Keep checking your correspondence inbox daily and try calling early in the morning (right when they open) for better chances of getting through.
@Dmitry Ivanov This gives me some hope! I did report some part-time work income about 3 weeks ago just (2 days of work ,)so maybe that s'what triggered the review. I reported it exactly like the instructions said to but their system probably flagged it anyway. Did you have to provide any additional documentation when you finally got through to them, or did they just verify what you had already reported?
@Dmitry Ivanov That s'really helpful to know! I m'in almost the exact same situation - reported some part-time income a few weeks back and now my benefits just stopped. How early in the morning did you call? I ve'been trying around 9am but can never get through. Also, when you say you got back pay, did they automatically add it to your account or did you have to request it specifically?
Jackson Carter
I'm currently in a very similar situation - was on short-term disability for 6 weeks due to a work-related injury, got cleared by my doctor to return to work last Monday, but my supervisor informed me that my role was eliminated as part of company-wide layoffs that happened while I was out. I filed for unemployment with NYS Department of Labor on Wednesday and wanted to share what I learned from the process. The online application was pretty straightforward, and they did ask specifically about my ability to work (which I confirmed with my medical clearance) and the circumstances of my job separation. I made sure to explain that my position was eliminated while I was on approved medical leave, not due to any performance issues. The rep I spoke with said this type of situation is actually quite common and shouldn't cause any problems with eligibility as long as I'm medically cleared and actively seeking work. Still waiting to hear back on approval, but feeling optimistic based on everyone's experiences here!
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Ezra Bates
•Thanks for sharing your experience Jackson! It's really helpful to hear from someone who just went through the filing process. I'm curious - when you explained that your position was eliminated while on medical leave, did you provide any specific documentation from your employer about the layoffs, or was your explanation sufficient? I'm in almost the exact same boat and want to make sure I include everything needed when I file. Also, did they give you any timeline for when you might hear back about approval?
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Diego Vargas
I went through this exact situation about 8 months ago! Was on short-term disability for 3 months after a car accident, got medical clearance to return to work, but my company had eliminated my position during "cost-cutting measures" while I was out. Filed for unemployment immediately after getting my clearance letter and was approved within about 2 weeks. The key things that helped me were: 1) Having my medical clearance documentation ready, 2) Being clear that I was able and available for work, and 3) explaining that my job loss was due to company restructuring, not anything I did. NYS Department of Labor was actually very understanding about the situation. Don't stress too much - this type of scenario is more common than you'd think, and as long as you're medically cleared and ready to work, you should be fine. Make sure to file your weekly certifications on time even while waiting for approval!
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