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Just file your claim anyway - the worst they can say is no. I filed not knowing if I qualified and turns out I did. The NYS Department of Labor system will tell you pretty quickly if you don't meet the wage requirements.
Just to add some clarity - you also need to have worked in at least two different quarters during your base period to qualify. So it's not just about hitting the $2,600 total, you need to have earnings spread across multiple quarters. This trips up a lot of people who had all their earnings concentrated in just one quarter. The NYS Department of Labor website has a benefit calculator that can help you figure out if you qualify before you file.
This is really helpful info! I didn't know about the two-quarter requirement. I think I might be in trouble because most of my earnings were from one job I had over the summer. Does anyone know if there's any way around this rule or am I just out of luck?
@GalaxyGlider Unfortunately there isn't really a way around the two-quarter rule - it's pretty strict. However, you might want to check if NYS has an alternate base period option. Sometimes they can look at more recent quarters if you don't qualify under the standard base period. It's worth calling to ask about, or you could try that Claimyr service someone mentioned earlier to get connected with an agent who can review your specific situation.
Just be really careful about this stuff. I reported my wages wrong once and they hit me with an overpayment notice months later. NYS Department of Labor doesn't mess around with wage reporting errors.
@Savanna Franklin How long did it take for them to catch the error? I m'worried I might have made a mistake on one of my recent claims and wondering if I should contact them proactively to fix it or wait to see if they notice.
@Savanna Franklin This is really concerning to hear! I m'new to filing unemployment claims and want to make sure I get this right from the start. When you say you reported wages wrong, was it because you didn t'include tips or because you reported wages for the wrong week? I m'trying to understand the most common mistakes so I can avoid them. Also, did NYS Department of Labor give you any guidance on how to prevent this in the future?
For tips specifically - if you're in a restaurant job, make sure you're reporting what you actually received, not what the restaurant reports as your tip income. Sometimes there's a difference and you want to be accurate on your weekly claim certification.
@Natasha Orlova You should report the gross tips before any tip-outs or deductions. NYS Department of Labor wants to see your total earnings before any splits with kitchen staff or processing fees. Think of it this way - if you earned $100 in tips but had to tip out $20 to the kitchen, you still earned $100 in wages that week. The tip-out is just how you distributed your earnings afterward. I learned this the hard way when I first started filing - better to over-report slightly than under-report and face an overpayment situation later.
@Mateo Martinez Thanks for clarifying this! I m'still learning the system and this tip-out situation has been confusing me. Just to make sure I understand - if I earned $150 in tips during my shift but tipped out $30 to bussers and kitchen staff, I should report the full $150 on my weekly certification? And does this apply to other deductions too, like if the restaurant takes out credit card processing fees from my tips? I want to be absolutely certain before I file my next claim.
I went through this exact same situation last year - warehouse job, unsafe conditions, forced resignation. The key thing that helped me win my appeal was being super specific about how the unsafe conditions violated OSHA standards. I listed every incident with dates, described exactly what safety equipment was broken or missing, and included photos I took on my phone. Also document any conversations where you brought up safety concerns to supervisors. The judge wants to see you made reasonable attempts to fix the situation before quitting. Don't just say "unsafe conditions" - say things like "forklift had faulty brakes reported on [date], no safety harnesses provided for elevated work, blocked emergency exits, etc." Good luck!
I've been through this process twice - once successfully, once not. The difference was in the details. For your unsafe warehouse conditions case, you need to frame it around NYS Labor Law standards. Mention specific violations like inadequate ventilation, broken machinery without lockout/tagout procedures, missing safety guards, or violations of warehouse height safety requirements. The administrative law judge needs to see that a reasonable person in your situation would have quit. Also, if you filed any workers' comp claims or incident reports while employed, definitely include those. One thing I learned the hard way - if you have any medical documentation showing stress or injury from the unsafe conditions, include that too. The NYS Department of Labor considers both physical safety and health impacts when determining "good cause" for leaving. Keep the letter under 2 pages but make every sentence count.
This is exactly the kind of detailed advice I needed! I actually did file two incident reports with HR about the broken conveyor belt safety guards and the lack of proper ventilation in our storage area. I also have a workers' comp claim from when I strained my back trying to lift boxes that should have been moved with proper equipment. I didn't realize these could help strengthen my appeal case. Should I attach copies of these documents or just reference them in my letter? Also, when you mention keeping it under 2 pages, is that for the letter itself or does that include attachments?
yeah this happened to me too, employers don't really care about unemployment stuff as long as you can start when they need you
I'm going through something similar right now - my claim has been pending for over a month and it's definitely affecting my job search momentum. The stress of not knowing when or if benefits will come through makes it hard to stay focused during interviews. I've found it helps to frame it as "navigating administrative processes" rather than dwelling on the delays when talking to employers. The uncertainty is the worst part though - at least when you know your financial situation you can plan accordingly.
Malik Thomas
Hey Samantha! You're definitely not too late - NY gives you a full year from your layoff date to file, so you still have until October to apply. I went through something similar last year and the stress is real, but you haven't missed your window! File online at labor.ny.gov as soon as you can. You'll need your Social Security number, driver's license, and employment info from your last job (dates, employer contact info, reason for separation). While you can't get benefits for the weeks you didn't file, getting started now will help with those bills going forward. The weekly benefit amount is based on your past wages, so even starting late you should still get a decent amount. Don't let the regret about waiting stop you from getting help now - just focus on moving forward and getting that claim filed today if possible!
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Olivia Kay
•This is such great advice! I'm in a similar boat - lost my job in November and kept putting off filing because I was embarrassed about being unemployed. Reading everyone's responses here really helped me realize I need to stop procrastinating and just do it. Going to file my claim right after I finish reading this thread. Thanks for breaking down exactly what documents are needed too, that makes it feel way less overwhelming.
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Yara Assad
I was in almost the exact same situation as you! Got laid off in September and waited until December to file because I kept thinking I'd find something soon. The regret about those missed months was eating at me, but honestly once I got my first unemployment payment it was such a relief to finally have some income coming in. The online application at labor.ny.gov is pretty straightforward - took me about 20 minutes. Make sure you have your last employer's info handy and be prepared to do weekly certifications every Sunday. Also, start keeping a log of your job search activities right away because they require proof that you're actively looking. I used a simple spreadsheet with company names, positions applied for, and dates. The weekly benefit really does help with bills even if it's not your full salary. Don't wait any longer - file today!
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Ella Harper
•Thank you so much for sharing your experience! It's such a relief to hear from someone who went through the exact same thing. I've been beating myself up about waiting so long, but you're right - I need to just focus on getting started now instead of dwelling on what I missed. I'm definitely going to file today and start that job search log right away. Did you find the weekly certification process confusing at first, or is it pretty straightforward once you get the hang of it?
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