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The system is so confusing about who can and can't get benefits. I've heard different things from different people but sounds like as long as you're legal to work you should be fine. Good luck with your claim!
I went through this exact same situation about 6 months ago - also a permanent resident who got laid off from a manufacturing job. Yes, you are definitely eligible! The key thing is that you've been paying into the unemployment insurance system through your payroll taxes, which gives you the right to collect benefits regardless of citizenship status. When you file your claim online, they'll ask about your work authorization but having a green card fully satisfies that requirement. Don't let anyone tell you otherwise - permanent residents have the same UI rights as citizens as long as you meet the work and wage requirements. File your claim as soon as possible since there can be waiting periods.
Just make sure you keep detailed records of your restaurant job hours and pay. NYS Department of Labor will want to see everything when you file your weekly claims. Also be prepared for the job search requirements - you'll still need to look for additional work even though you have the one job.
Good point about the job search thing. Do I need to look for full-time jobs or can I search for another part-time position to replace the one I lost?
I went through this exact situation about 6 months ago when I lost my morning shift job but kept my evening restaurant work. The process was actually pretty straightforward once I understood it. You'll file your initial claim reporting both jobs (the one you lost and the one you're keeping), and NYS Department of Labor will calculate your weekly benefit amount based on your total earnings history. Then each week when you certify, you report whatever you earned from the restaurant job and they'll pay you the difference if you qualify. Just be honest about everything and keep good records - they may ask for pay stubs from both jobs during the application process.
oh yeah forgot about that part! you still gotta look for work even though you have the other job. kinda weird but thats the rule
I'm in a similar situation right now - lost my main job but still have a small side gig. From what I've researched, you definitely should file for partial unemployment benefits. The NYS DOL has a formula where they reduce your weekly benefit amount by 25% of whatever you earn from your remaining job. So if your weekly benefit rate would normally be $300 and you earn $240 from data entry, they'd reduce it by $60 (25% of $240) leaving you with $240 in unemployment benefits. Just make sure to report your data entry earnings honestly on each weekly claim or you could face penalties later.
I struggled with getting through to NYS Department of Labor to clarify this exact question when I filed last year. If you're having trouble reaching them by phone, I ended up using this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made the whole process much less stressful when I could actually talk to someone who explained how the multi-employer situation works.
Just want to add that having multiple employers might actually help your benefit calculation since NYS Department of Labor looks at your total earnings. As long as you meet the minimum wage requirements during your base period, you should be fine. The main thing is making sure you were separated from your last job for a qualifying reason.
That's a really good point about multiple employers potentially helping with the benefit calculation! @Isabella Ferreira since you mentioned your two jobs together made decent income, you might actually be in better shape than you think for qualifying.
Emma Swift
I went through something similar about 8 months ago. Here's what I learned: even if you're past the 30-day appeal deadline, you can still request what's called a "reopening" of your case if you have new evidence or can show good cause for the delay. Since you mentioned being forced out due to impossible working conditions, that could potentially qualify as constructive discharge. Try calling the Telephone Claims Center early in the morning (like 8 AM sharp) - that's when I had the best luck getting through. Also, gather any evidence you can find now - emails, text messages, witness statements, anything that shows the hostile work environment. Don't give up - the system is frustrating but there are still options available to you.
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Zainab Ismail
•This is really helpful advice, thank you! I didn't know about the "reopening" option - that gives me some hope. I'm definitely going to try calling at 8 AM sharp like you suggested. I might not have formal documentation but I do have some text messages from coworkers who witnessed what was happening. Do you know if that kind of informal evidence actually carries any weight with them? Also, when you say "good cause for delay" - would being overwhelmed and stressed about the situation count, or do they need something more concrete like a medical issue?
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Alexis Robinson
I'm dealing with a similar situation right now and wanted to share what I've learned from talking to a legal aid attorney. First, "good cause" for missing the appeal deadline can include being overwhelmed or not understanding the process - it doesn't have to be just medical issues. Stress and confusion about the system actually do count. Second, text messages from coworkers absolutely can help your case, especially if they witnessed the hostile work environment or can confirm you were pushed out. Even informal documentation is better than nothing. The key is showing a pattern of behavior that made your working conditions intolerable. I'd also suggest looking into whether your area has a legal aid office that helps with unemployment appeals - many offer free consultations and can walk you through the process. Don't lose hope - I've seen people successfully overturn denials even months later when they had good evidence of constructive dismissal.
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Laila Fury
•This is really encouraging to hear! I had no idea that stress and confusion could count as "good cause" - I was beating myself up thinking I had no excuse for missing the deadline. The legal aid suggestion is brilliant too, I never thought to look into that. Do you happen to know how to find legal aid offices in my area? And when you mention showing a "pattern of behavior" - would things like my supervisor constantly changing my schedule last minute, giving me impossible deadlines, or excluding me from important meetings count? I'm starting to realize I might have more evidence than I initially thought.
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Dylan Mitchell
•Yes, absolutely those examples would count! Constantly changing schedules, impossible deadlines, and exclusion from meetings are all classic signs of constructive dismissal. To find legal aid in your area, try searching online for "[your county] legal aid" or "[your city] legal services" - most areas have organizations that help with employment issues for free. You can also call 211 (the information helpline) and they can connect you with local resources. Document everything you can remember with dates and details - even if it's after the fact, a timeline of events can be really powerful. The fact that you're recognizing these patterns now shows you have a much stronger case than you initially thought!
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