Can I collect NYS Department of Labor unemployment if my paycheck bounces?
My employer's paycheck bounced last Friday and I found out Monday when I tried to pay rent. I called the company and they said they're having 'cash flow issues' but couldn't give me a timeline for when I'd get paid. I haven't been officially laid off or fired, but I can't keep working if I'm not getting paid. Does anyone know if I can file for unemployment benefits with NYS Department of Labor in this situation? I'm really confused about whether this counts as being unemployed or not since I technically still have the job.
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Mateo Martinez
Yes, you can absolutely file for unemployment in this situation! Non-payment of wages is considered 'constructive dismissal' by NYS Department of Labor. You're essentially being forced to quit due to the employer's failure to pay you. When you file your claim, make sure to explain that you left due to non-payment of wages - this is considered good cause and you should qualify for benefits.
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Nia Wilson
•Thank you! Should I wait to see if they pay me this week or file right away? I don't want to mess up my claim if they suddenly come through with the money.
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Aisha Hussain
File immediately. The longer you wait, the more money you're losing. I had a similar situation two years ago where my boss kept promising payment 'next week' and I waited like an idiot for a month. NYS Department of Labor told me I should have filed right after the first bounced check. You can always withdraw your claim if they miraculously pay you, but don't count on it.
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Ethan Clark
•This happened to my brother too. His employer kept stringing him along for weeks saying the money was coming. File now while you still have documentation of the bounced check.
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StarStrider
OMG this exact thing happened to me!! I was so stressed about whether I'd qualify but I had no choice - I couldn't keep working for free. What documentation did you keep? I took pictures of the bounced check notice and saved all the texts from my manager about the 'temporary' payment issues. NYS Department of Labor asked for proof during my phone interview.
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Nia Wilson
•I have the bank notice about insufficient funds and some emails from HR. Did they approve your claim pretty quickly or did it take a while?
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StarStrider
•It took about 3 weeks to get approved but that was normal processing time. The hardest part was getting through to someone at NYS Department of Labor to explain the situation properly during my adjudication interview.
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Yuki Sato
If you're having trouble reaching NYS Department of Labor by phone to discuss your specific situation, I used a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helpful when you need to explain complex situations like non-payment issues rather than just filing a standard claim online.
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Mateo Martinez
•That's actually smart for this type of situation. Non-payment cases can be tricky to explain properly in the online forms, so talking to a real person helps make sure you frame it correctly as constructive dismissal.
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Carmen Ruiz
honestly the whole unemployment system is such a pain... i filed when my company just stopped paying everyone and it took forever to get anything sorted out. but yeah you should definitely file, they cant expect you to work for free!!!
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Nia Wilson
•How long did your case take to resolve? I'm worried this will drag on for months.
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Andre Lefebvre
Just want to say hang in there - this situation is so stressful but you're doing the right thing by looking into your options. No one should have to work without getting paid. I hope NYS Department of Labor processes your claim quickly!
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