New York Unemployment

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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!

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@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!

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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!

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Ev Luca

@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!

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Mei Liu

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.

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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.

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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.

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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.

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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?

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Just want to add that you should still try to make all your regular payments on time even while on unemployment. The benefit amount is usually less than your full salary, so budget carefully to avoid late payments that WOULD hurt your credit.

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Great question and I'm glad you asked before filing! Everyone else is absolutely right - unemployment benefits won't show up on your credit report or affect your score. I went through the same worry when I was laid off from my tech job last year. Filed my claim right away and my credit score actually went UP a few points during those months (probably just normal fluctuation). The key is keeping up with your existing payments as others mentioned. NYS unemployment maxes out at $504/week so definitely budget accordingly if you're used to a higher income.

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That's really reassuring to hear from someone who went through the same situation! The $504/week max is definitely something I need to factor into my budget planning. Did you find it challenging to adjust your spending to that income level, or were you able to manage okay until you found new work?

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Cash App processing times >>> regular bank accounts frfr

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Just got approved for benefits yesterday! This timeline gives me hope that I might see my first payment soon. Quick question though - can you use any digital wallet like Venmo or PayPal for direct deposit, or is Cash App the only one that works fast? Also, what exactly do you mean by "answer certification questions correctly"? Are there specific things to watch out for? Thanks for sharing your experience, really helpful for us newbies! 🙏

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Hey Paolo! Welcome to the club lol. From what I've seen, most digital wallets work but Cash App seems to process faster than traditional banks. For the certification questions, just be 100% honest - don't say you worked if you didn't, don't say you refused work if you didn't get any offers, stuff like that. One small mistake can flag your claim for review and delay everything for weeks. Good luck! 🤞

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@Paolo Moretti congrats on getting approved! I ve'used both Venmo and Cash App for UI deposits and Cash App definitely hits faster - usually same day vs 1-2 days for Venmo. For certification questions, the big ones to watch are: did you work even (1 hour counts ,)did you look for work need (to meet the search requirements ,)and were you able and available to work. Any yes "to" working or no "to" being available triggers additional questions that can slow things down. Pro tip: keep a log of your job searches with dates/companies - you might need to provide details later!

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Also freeze your credit immediately if you haven't already. If they have enough info to file an unemployment claim, they probably have your SSN and other details that could be used for other types of fraud.

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Good point, I'll do that today. This whole situation has me so paranoid about what else they might try.

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I went through this exact same situation about 6 months ago. In addition to reporting the fraud to NYS Department of Labor, make sure you also contact the IRS about the fraudulent 1099-G that will likely be issued. You can use IRS Form 14039 (Identity Theft Affidavit) to report it. The IRS has a special process for unemployment identity theft cases. Also, when you file your taxes, you'll need to report only your actual income and attach documentation showing the fraudulent unemployment claim was reported. It's a pain but definitely manageable if you stay on top of it.

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