New York Unemployment

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I went through this exact situation last year and was able to get 3 weeks backdated. The key is being prepared when you file - have your last day of work documented, any severance information, and be ready to explain the delay. I mentioned that I was dealing with the shock of losing my job and didn't realize I needed to file immediately. NYS Department of Labor accepted that reasoning. Just be honest about your circumstances and don't overthink it. The worst they can say is no to the backdating, but you'll still get benefits going forward. File as soon as possible though - the longer you wait, the harder it becomes to justify the delay.

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Thanks for sharing your experience! It's really helpful to hear from someone who actually went through this process successfully. The "shock of losing my job" reasoning sounds much more legitimate than just saying I thought I'd find work quickly. I'm definitely going to file this week - you're right that waiting longer will just make it harder to justify. Did you have any issues with the job search requirements for those backdated weeks, or did they not ask for documentation since you explained the delay?

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I work as a benefits counselor and see this situation frequently. Yes, NYS Department of Labor allows backdating up to 4 weeks, but the approval isn't automatic. When filing online, look for the "claim effective date" section where you can request an earlier start date. Document everything - your termination date, any severance details, and your reason for the filing delay. Medical appointments during those first weeks could actually work in your favor as a valid reason, especially if you can show they interfered with your ability to file promptly. The job search requirement for backdated weeks is real, so start reconstructing what applications you made during December/January from your email sent folder or job board accounts. Even if you don't get the full backdate approved, filing now is still your best move.

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This is really comprehensive advice, thank you! As someone new to unemployment benefits, I had no idea about the job search documentation requirements. Your point about using email sent folders to reconstruct applications is brilliant - I definitely applied to several places in December but didn't think to save those records. One quick question: when you mention the "claim effective date" section online, is that something that appears for everyone or only if you meet certain criteria? I want to make sure I don't miss that option when I file this week.

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@Drew Hathaway This is incredibly helpful information! As someone who s'never dealt with unemployment before, I really appreciate the professional insight. I m'in a very similar boat - lost my job in December and it s'now February. I did have some medical appointments in those first few weeks that kept me pretty overwhelmed, so it s'encouraging to hear that could be considered a valid reason. Quick question about the job search documentation - if I applied through job boards like Indeed or LinkedIn, would screenshots of my application history be sufficient proof, or do they need more detailed records? I want to make sure I gather the right documentation before filing.

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same situation here, small business owner trying to figure this all out. thanks for asking the question!

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For anyone else dealing with this, I'd recommend keeping a detailed spreadsheet tracking each employee's wages throughout the year so you know exactly when they hit the $12,300 threshold. I also set up quarterly reminders to review the wage base calculations before filing. The NYS Department of Labor Form NYS-45 instructions are actually pretty helpful once you get through all the legal language - they have examples of what counts and what doesn't.

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That's really helpful advice about the spreadsheet tracking! I'm definitely going to set that up. Do you happen to know if there are any penalties for getting the wage base calculations wrong, or is it just a matter of filing amended reports if you mess up?

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Max Reyes

I just went through this exact same situation about 3 weeks ago and I know how stressful it is! The good news is that forfeit weeks are usually fixable once you figure out what caused them. From reading through all these responses, it sounds like you're dealing with the most common scenario - some kind of work/income reporting mix-up during certification. Here's what I learned from my experience: 1. **Check everywhere for documentation**: Look in your online account under "Determinations," "Correspondence," and "Messages." Also check any physical mail - sometimes they send notices that way too. 2. **Get organized before calling**: Make a timeline of exactly when you worked and how much you earned for each week in question. Having all your pay stubs ready made my call go so much smoother. 3. **Ask for specifics**: When you get an agent on the phone, ask for the exact "reason code" for your forfeit. Mine was something like "IR-204" which helped me understand it was specifically an income reporting discrepancy. 4. **Don't panic about future payments**: You can keep certifying for current weeks while your appeal is being processed. The forfeit doesn't affect future payments as long as you're reporting correctly going forward. I ended up getting my forfeit week reversed after proving it was just a date mix-up on my part. Got the back payment about 2.5 weeks later. The waiting week is totally normal - that's just everyone's unpaid first week. Hang in there - this is way more common than you'd think and definitely resolvable! 💪

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This is such a comprehensive breakdown Max! As someone who's new to dealing with unemployment issues, having this step-by-step approach is incredibly helpful. The point about asking for the specific reason code seems to be the golden tip everyone keeps mentioning - definitely writing that down. It's also really reassuring to know that the forfeit won't mess with future weeks while the appeal is being processed. That was honestly my biggest fear reading through the original post. Thanks for taking the time to lay everything out so clearly - posts like this make navigating this confusing system so much less overwhelming! 🙏

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I'm going through the EXACT same thing right now and this entire thread has been a godsend! Just noticed a forfeit week on my payment history this morning and I was absolutely panicking until I found all these detailed responses. Based on everyone's experiences here, it sounds like these forfeit weeks are usually caused by simple reporting errors during certification - which is probably what happened to me too. I had some confusing part-time work schedules last month and I'm pretty sure I mixed up which weeks to report certain income under. Already found a vague determination notice in my online account that just says "payment discrepancy" but nothing specific. Planning to follow everyone's game plan here: - Organize all my pay stubs and create a detailed work timeline - Call DOL and ask for the specific reason code (this tip seems crucial!) - Have all my documentation ready to explain what actually happened The fact that so many people here got their forfeit weeks reversed and received back payments is giving me so much hope right now. I was terrified this would mess up all my future certifications but knowing I can keep filing normally while an appeal processes is such a relief. Thanks to everyone who shared their stories - it's incredible how helpful this community is for navigating these confusing situations! Definitely feeling way more confident about tackling this now 🙏

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Hey Aurora! I'm new to this community but have been reading through this whole thread and it's been so helpful! I'm actually dealing with a similar situation right now - just had a forfeit week show up and was totally freaking out about it until I saw all these success stories. It sounds like you're already on the perfect track following everyone's advice here. The "payment discrepancy" notice sounds exactly like what others have described - probably just a simple mix-up that can be cleared up once you get the specific reason code from an agent. I'm planning to make my call tomorrow morning too (going to try that Tuesday 8am strategy someone mentioned) so maybe we'll both get this sorted out around the same time! It's so reassuring to know there are others going through the exact same thing and that it's usually fixable. This thread has seriously been a lifesaver for my stress levels! Good luck with your call - you've got this! 💪

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Just to add to all the great info here - make sure you understand the difference between gross and net when calculating your potential benefits. NYS Department of Labor uses your gross wages (before taxes and deductions) from your base period quarters to determine your benefit amount. So if you were making $1,200/week gross but only taking home $900 after taxes, they'll calculate based on that full $1,200. Also, keep in mind that if you do any part-time or temporary work while collecting unemployment, you need to report it on your weekly certification even if it's just a few hours. They'll adjust your benefits accordingly, but failing to report work income can cause major issues with your claim. The system is pretty good at cross-referencing wage records, so it's always better to be upfront about any earnings.

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That's a really important distinction about gross vs net wages - thanks for clarifying that! I was actually wondering about the part-time work reporting. If someone picks up just a few hours of freelance or gig work while collecting unemployment, is there a minimum threshold they need to report, or do you literally have to report every single dollar earned? I'm thinking about things like driving for Uber occasionally or doing small freelance projects. Want to make sure I stay compliant if I need to supplement my unemployment benefits with some side income.

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You need to report ALL earnings, no matter how small - there's no minimum threshold. Even $20 from a single Uber ride or a small freelance gig needs to be reported on your weekly certification. NYS Department of Labor will then calculate how much to deduct from your weekly benefit based on their partial benefit formula. Generally, you can earn up to about $143 per week (roughly 1/4 of the maximum benefit) before they start reducing your unemployment payment. Anything over that gets deducted dollar-for-dollar from your weekly benefit. The key is being transparent - they'd rather adjust your benefits properly than have you deal with an overpayment situation later that you'd have to pay back.

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One thing that hasn't been mentioned yet is that NYS also has an alternate base period option if you don't qualify using the standard base period. If your recent high-paying job wasn't included in the standard calculation (first 4 of last 5 completed quarters), you can request to use the alternate base period which looks at your last 4 completed quarters instead. This might help if your $1,200/week job was very recent. You'd need to specifically request this when filing your claim or appeal if you're initially denied. It's worth exploring if the standard base period calculation doesn't work in your favor due to timing of when you started the higher-paying position.

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omg same thing happened to me last month!! i was so worried they would cut off my benefits but everything was fine. just keep filing your weekly claims like normal

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Just wanted to add that if you're selected for a longer trial (like 2+ weeks), you might want to proactively reach out to NYS DOL to document the situation. While jury duty won't disqualify you from benefits, having a paper trail can be helpful if any questions come up later. Also, remember that you'll still need to be actively searching for work on days you're not in court, so keep track of your job search activities for your weekly certification.

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That's really good advice about keeping a paper trail for longer trials. I'm hoping mine won't go that long but it's smart to be prepared. One question though - if I'm in court all day, how am I supposed to do job search activities? Are there any exceptions for the work search requirement during jury duty, or do I need to squeeze in applications before/after court hours?

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