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I'm currently at week 7 of unemployment and just got offered a position that's about 50% below my previous salary in an entirely different field (customer service vs. my background in project management). This thread has been incredibly helpful - I had no idea there were specific protections for declining unsuitable work or that I needed to report offers on my weekly claims. The 80% threshold rule for the first 13 weeks is news to me and gives me confidence that I have valid grounds to decline. I've been stressed about this decision for days, but seeing so many people share similar experiences with positive outcomes is really reassuring. I'm going to follow the advice here about being transparent, documenting everything, and reporting the offer with a clear explanation of why it's not suitable. It's such a relief to find a community where people share real experiences rather than just repeating confusing official guidelines. Thanks to everyone who's contributed to this discussion!
Welcome! Your situation sounds really similar to what many of us have faced. A 50% pay cut from project management to customer service is definitely not suitable work, especially at week 7. I was in a comparable spot a few months ago - also around week 7 when I got an offer that was way below my skill level and previous salary. The advice in this thread about documenting everything and being upfront on your weekly claims really works. I kept detailed notes about why the position wasn't suitable (skills mismatch, significant pay reduction, different career field) and reported it honestly. Never had any pushback from NYS DOL. You're well within that 13-week window where the standards are more protective, so trust your instincts about declining. It's better to hold out for something that makes sense for your career than to take a major step backwards just out of fear. Good luck with your job search!
I'm in a very similar boat - just hit week 9 of unemployment and received an offer yesterday that's about 35% below my previous salary in retail management when my background is in financial services. Reading through all these responses has been incredibly reassuring! I had been panicking thinking I'd have to take anything offered to me or risk losing my benefits. The information about the 80% threshold during the first 13 weeks is exactly what I needed to know. I'm going to follow everyone's advice here about reporting the offer on my weekly claim but documenting why it's not suitable work. It's so helpful to see that multiple people have successfully navigated this situation by being transparent with NYS DOL. Thanks to everyone who shared their experiences - this community has been more informative than hours of trying to understand the official guidelines!
Don't lose hope! I went through something similar when my employer contested my claim after I was laid off. The adjudication process is nerve-wracking but NYS Department of Labor really does look at all the facts. Since you mentioned you have emails about the safety concerns, definitely submit those as evidence - you can usually upload documents through your online account or mail them in. The key thing is that "poor performance" alone usually isn't enough to deny benefits unless they can prove it was willful misconduct. Keep documenting everything and filing your weekly claims like others mentioned. The backpay is worth it once it gets resolved.
This is really helpful advice! I'm going through a similar situation where my employer is contesting my claim. How do you upload documents through the online account? I've been logging into the NYS Department of Labor website but can't figure out where to submit additional evidence. Is there a specific section or do you have to wait for them to request it during the adjudication process?
@Collins Angel From what I remember, you usually have to wait for NYS Department of Labor to send you a questionnaire or request for additional information during the adjudication process. They ll'give you specific instructions on how to submit documents then - sometimes it s'through their online portal under a documents "or" correspondence "section," other times they want you to fax or mail them. I d'try calling them or (using that Claimyr service @Malik Robinson mentioned to ask) specifically about your case and whether they need any additional documentation from you right now.
I went through this exact situation last year and want to reassure you that employers contesting your claim is actually pretty common - it doesn't mean you'll automatically be denied. What helped me was being proactive during the adjudication process. I gathered all my documentation (including any text messages, emails, or witness contacts) and organized it chronologically. The safety complaint angle could definitely strengthen your case since retaliation for reporting workplace hazards is illegal. NYS Department of Labor takes that seriously. Also, make sure you're still certifying for benefits each week even though you're not getting paid yet - when they approve you (and I'm optimistic they will based on what you've described), you'll get all that back pay. The waiting is the hardest part but hang in there!
Thank you so much for sharing your experience @Anthony Young! It's really encouraging to hear from someone who went through the same thing. I've been so stressed about this whole process, especially with rent due soon. I do have those safety emails I mentioned, plus some photos I took of the hazardous conditions on my phone. Should I organize everything by date like you suggested even before they ask for it? Also, did your employer try to contact you directly during the adjudication process or does everything go through NYS Department of Labor? I want to make sure I handle this the right way and don't accidentally hurt my case.
I'm dealing with a nearly identical situation and this thread has been incredibly helpful! My employer cut my hours from 36 to just 9 hours per week, and when I couldn't afford to stay, they denied my unemployment claim for "voluntary quit." I had no idea about constructive dismissal or that late appeals were possible until reading everyone's experiences here. I'm about 8 weeks past my denial notice, but seeing so many success stories gives me real hope. I have pay stubs showing the dramatic reduction and some emails where my supervisor kept saying the cuts were "just for a few weeks" but they never restored my hours. It's really encouraging to see that appeals judges seem to understand these situations much better than the initial reviewers. Going to call the appeals office tomorrow and explain that I genuinely thought I had no options after the denial. Thank you all for sharing your stories - you've shown me that 9 hours a week clearly isn't enough to survive on and that I shouldn't have to accept being labeled as someone who "voluntarily" quit when I was essentially forced out!
@Brielle Johnson Your case sounds incredibly strong for constructive dismissal! Going from 36 to 9 hours is such a massive cut that any reasonable person would see it as being forced out. Those emails where your supervisor kept promising the cuts were temporary but never followed through are perfect evidence - it shows they weren t'acting in good faith. At 8 weeks out, you re'actually in good company based on what others have shared here. I ve'seen several people mention successful late appeals even at 7+ weeks, especially when they can show they didn t'understand the process initially. When you call tomorrow, definitely emphasize that 9 hours a week made it impossible to cover even basic living expenses - that financial impossibility is key to proving constructive dismissal. The appeals process seems so much more fair than the initial review, and judges really seem to get that these aren t'true voluntary "quits." You re'absolutely right that you shouldn t'have to accept that label when your employer made the job unsustainable. Best of luck with your call - your documentation sounds really solid!
I'm in an almost identical situation and this entire thread has been a lifeline! My hours got slashed from 40 to about 11 hours per week and I received the same "voluntary quit without good cause" denial. Like so many others here, I had no clue that constructive dismissal was a thing or that late appeals were even possible. Reading everyone's success stories is giving me the confidence to fight this - I'm about 6 weeks past my denial but it's clear that's not the end of the road. I have documentation showing the hour cuts and some messages from my manager about "temporary adjustments" that became permanent. It's incredible how many people here have successfully overturned these denials by proving that massive hour reductions essentially force you out. No one can survive on 11 hours a week! Planning to call the appeals office this week and argue constructive dismissal. Thank you everyone for sharing your experiences and showing that these cases can be won even after missing the initial deadline!
@Layla Mendes Your situation sounds exactly like what so many of us have been through! The drop from 40 to 11 hours is absolutely a textbook case of constructive dismissal - there s'no way anyone could call that a truly voluntary "decision" when you literally can t'survive financially on those hours. Having those messages about temporary "adjustments that" became permanent is going to be really strong evidence, especially since it shows your employer wasn t'being honest about their intentions from the start. At 6 weeks out, you re'definitely still in the range where others here have had success with late appeals. When you call the appeals office, make sure to emphasize that you genuinely didn t'understand the difference between appealing and just accepting the denial - that s'exactly the kind of good "cause they" look for. It s'so encouraging to see how many people in this thread have successfully fought these unfair denials. The appeals judges really seem to understand employment situations much better than whoever does the initial reviews. You ve'got solid documentation and a clear case - don t'let them make you feel bad about quitting "when" your employer made the job financially impossible to keep!
I went through something similar when I first started collecting unemployment. The key thing to remember is that rental income is passive income, not earned income from employment. NYS Department of Labor distinguishes between these types of income. You should definitely report it on your next weekly claim - there's usually a section for "other income" where you can include it. Don't panic about not reporting it initially - just be transparent going forward. The worst thing you can do is continue not reporting it now that you're aware of it.
Thanks for the reassurance! I've been so stressed about this. Should I mention in the "other income" section that I've been receiving this rental income for the past 6 weeks, or just start reporting it from this week forward? I don't want to cause any red flags by suddenly adding income that was there all along.
I'd recommend being upfront about the timeline when you report it. You could add a note in the "other income" section something like "rental income $850/month - ongoing, reporting for transparency" or call the DOL to explain the situation. Being proactive about disclosing it shows good faith, and since rental income typically doesn't affect benefit amounts anyway, it shouldn't cause issues. The important thing is you're correcting it now rather than continuing to omit it.
I'm dealing with a similar situation - I have a duplex and live in one unit while renting out the other. From what I've learned, as long as you're not actively managing the property (like doing maintenance, advertising, showing units), the rental income is considered passive and shouldn't affect your unemployment benefits. However, I'd still recommend calling NYS DOL to clarify your specific situation since every case can be different. The peace of mind is worth the wait time on hold. Also, when you do report it, make sure to specify that it's rental income from a property you own, not income from employment or self-employment activities.
This is really helpful advice! I'm in a similar boat and have been worried about how to handle reporting rental income. The distinction between passive income and active property management makes a lot of sense. One question though - when you called NYS DOL, were you able to get through easily? I've been trying for days and keep getting stuck in the phone queue. Did you have any tips for the best times to call or any shortcuts to actually reach a human?
Isaac Wright
I just wanted to jump in and say this thread has been incredibly helpful! I'm in a similar situation where I might need to move from Long Island to North Carolina while collecting NYS unemployment. Reading everyone's experiences has really put my mind at ease. It sounds like the consensus is pretty clear - you CAN continue collecting benefits after moving, you just need to be transparent and update everything promptly. I love how many people have shared their specific experiences with different states too. One question I haven't seen addressed - does anyone know if there's a time limit on how long you can collect NYS benefits while living out of state? Like, is there a point where they expect you to transfer to the new state's system, or can you continue with NYS until your benefit year ends? Thanks again to everyone for sharing their real-world experiences - it's so much more helpful than trying to navigate the confusing official documentation!
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Eleanor Foster
•@Isaac Wright Great question about time limits! From what I understand, you can continue collecting NYS unemployment benefits for your full benefit year usually (26 weeks regardless) of where you re'living, as long as you continue to meet all the eligibility requirements. You don t'have to transfer to another state s'system - you stay with NYS since that s'where you worked and established your claim. The key is that your benefit year has a set duration based on when you first filed, not where you re'currently residing. I haven t'come across any official documentation suggesting there s'a geographic time limit, and none of the people who shared their experiences mentioned being forced to switch systems. Just make sure to keep up with your weekly certifications and job search requirements in North Carolina if you do move!
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Emma Davis
I'm planning to move from NYC to Seattle in a couple months while still collecting unemployment and this entire thread has been such a lifesaver! Everyone's real experiences are so much more helpful than the vague official guidance. Just to add another data point - I called NYS Department of Labor last week (took forever to get through) and they confirmed everything people are saying here. The rep told me the most important things are: 1) Update your address immediately in my.ny.gov when you move, 2) Be honest on weekly certifications about your location, 3) Keep detailed job search records for your new area, and 4) Make sure you're genuinely available and able to work. She emphasized that interstate moves are totally normal and won't affect your eligibility as long as you meet those basic requirements. I'm feeling so much more confident about the move now! Thanks to everyone who shared their experiences - this community is amazing!
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