


Ask the community...
One more thing to keep in mind - when you file your claim, you'll need to provide your gross weekly wages from your highest earning quarter in the past 18 months. If you don't have your pay stubs handy, you can usually find this info on your last few pay stubs or W-2 forms. The system will calculate your benefit amount based on this, so having accurate numbers is important. Also, make sure you understand the difference between being "laid off" vs "fired" when they ask about reason for separation - being laid off due to lack of work is different from being terminated for cause, and it affects your eligibility.
This is really helpful information about the wage calculations! I'm being laid off due to company downsizing, so that should be straightforward for the reason. I'll definitely gather my recent pay stubs before filing Monday so I have the gross weekly wage info ready. Better to have everything organized upfront than scramble for numbers during the application process. Thanks for clarifying the laid off vs fired distinction too - that could definitely trip someone up if they're not sure how to categorize their situation.
Also worth mentioning - if you're getting any severance pay or vacation payout, make sure to report this accurately when filing. NYS DOL needs to know about any payments you're receiving related to your employment, even after your last day of work. Severance can sometimes delay when your benefits start, but it's better to be upfront about it than have issues later. The system will walk you through what needs to be reported, but having that information ready will make the process smoother. Good luck with your claim!
Great point about severance pay! I actually am getting a small severance package, so I'm glad you mentioned that. I was wondering if I should wait until after the severance period ends to file, but sounds like I should still file right away and just report it accurately. Do you know if they'll ask for documentation of the severance amount, or is it just self-reported during the application? I want to make sure I handle this part correctly since it's my first time dealing with unemployment.
I went through this same process about 4 months ago when my employer contested my claim, and I know exactly how you're feeling right now. The anxiety beforehand was honestly worse than the actual hearing itself. Here's what I wish someone had told me: the administrative law judge is there to get to the truth, not to intimidate you. They'll start by explaining the process and swearing everyone in. Then they'll usually ask you to give your version of what happened first, followed by your employer. The judge will ask clarifying questions throughout - things like "When did this conversation happen?" or "Do you have any documentation of that?" Don't worry if you don't have perfect documentation for everything - just be honest about what you do and don't have. One thing that caught me off guard was that my employer's representative seemed very prepared with dates and details, but the judge asked them just as many tough questions as they asked me. The whole thing lasted about 40 minutes, and I got the written decision about 2 weeks later (in my favor). You've got this - just breathe, tell the truth, and remember that you have every right to those benefits if you were legitimately separated from your job through no fault of your own.
Thank you so much for sharing your experience! It's really reassuring to hear that the judge asks tough questions to both sides - I was worried that employers would automatically have more credibility since they're usually represented by HR or someone who deals with these things regularly. The part about the anxiety being worse than the actual hearing makes me feel better too. I've been losing sleep over this for the past week! It sounds like the judges really do try to get to the facts rather than just siding with whoever sounds more professional. Your point about being honest about what documentation you do and don't have is helpful - I have some emails and my termination letter but not everything, and I was worried that would hurt my case. Hearing that you won gives me hope that preparation and honesty really do matter more than having perfect paperwork.
I had my unemployment hearing about 2 months ago and completely understand your anxiety! Here's something that really helped me that I haven't seen mentioned yet - write down 3-4 key points you absolutely want to make sure you get across during the hearing. I was so nervous that I almost forgot to mention a crucial email my supervisor sent me before my termination. Having those key points written down and in front of me during the call made sure I didn't miss anything important. Also, the judge will usually ask at the end if there's anything else you want to add, so that's your chance to mention anything you might have forgotten earlier. One more tip - if your employer says something during their turn that's completely wrong, jot it down so you can address it when it's your turn to respond, but don't interrupt. The whole process was much more fair and professional than I expected. The judge really did seem focused on getting to the truth rather than just rubber-stamping the employer's version. You're going to do great - the fact that you're here asking for advice shows you care about getting it right!
This is such excellent advice about writing down key points! I'm definitely doing that - I can already tell I'm going to be nervous and might forget important details. The tip about jotting down things the employer says that are wrong is really smart too. I was wondering how to handle that situation without seeming rude or argumentative. It's so helpful to hear from people who've actually been through this process and that the judges really are trying to be fair. Reading all these responses has made me feel so much more prepared and confident. Thank you everyone for taking the time to share your experiences - this community is amazing!
honestly the whole system is rigged against working people anyway. they want you to stay unemployed but then punish you for trying to get back on your feet. meanwhile it takes them forever to process claims but they can catch you working in no time
I went through this exact situation last year. The key thing to understand is that partial unemployment benefits exist for a reason - you're supposed to report work and they'll calculate what you still qualify for. In my case, I was earning about $300/week part-time and still received around $200 in unemployment benefits. The formula basically allows you to earn up to a certain amount before they start reducing your benefits dollar-for-dollar. As for detection, they caught my friend who didn't report within about 2 months through the quarterly wage matching system. My advice: report it now, even if you missed a week or two. You can often backdate corrections and it's way better than dealing with fraud charges later.
This is really helpful, thanks for sharing your experience! Can you explain more about how the partial benefits calculation works? Like if I'm making $400/week at my part-time job, would I still get anything from unemployment? Also, when you say you can backdate corrections - did you have to pay any penalties for the weeks you initially didn't report, or do they waive that if you come forward voluntarily?
ugh the whole base period thing is such BS... like why cant they just use your last 12 months of work like a normal person would expect
I went through this exact same situation! The key thing to remember is that your base period is always one quarter behind because of processing delays. So even though you worked July-August 2024, those wages won't show up until your next benefit year if you need to reapply. It's frustrating but the system is designed this way to ensure all employer wage reports are complete. Make sure to keep all your pay stubs from that restaurant job - sometimes there can be discrepancies between what you earned and what employers reported to NYS Department of Labor.
This is really helpful advice about keeping pay stubs! I actually just realized I might have the same issue - I got a big bonus in my last month before being laid off and I'm wondering if that won't count toward my benefits either. Do you know if one-time payments like bonuses get treated differently, or do they just fall into whatever quarter they were paid in?
Alina Rosenthal
update us when u hear back!! i hope they fix it fast for u!
0 coins
Fiona Sand
•I will! Thanks for all the support, everyone. I feel much better having a plan now. I'll let you know what happens after I try these approaches.
0 coins
AstroAlpha
I went through something very similar in 2023! The same exact scenario - overpayment issue followed by a mysterious "job refusal" letter that made no sense. In my case, it turned out to be a data entry error where they accidentally linked someone else's job refusal to my claim number. What saved me was getting everything in writing. When I finally got through to an agent (took forever), I asked them to email me a summary of what they found and corrected in my file. That written confirmation became crucial when the same error popped up again a month later. Also, when you respond to the letter, be very specific about your job search activities during that time period. List the actual jobs you DID apply for around March 1st if any, to show you were actively seeking work, not refusing it. This helps demonstrate the letter is clearly wrong. Stay strong - these system errors are frustrating but they do get resolved eventually!
0 coins
Miguel Diaz
•Thank you so much for sharing your experience! A data entry error linking someone else's job refusal to my claim makes perfect sense - that would explain why this came out of nowhere. I'm definitely going to ask for written confirmation of any corrections they make to my file. That's really smart advice about listing my actual job search activities too. I did apply to a few positions around that time, so I'll include those details in my response to show I was actively looking for work, not refusing it. It's reassuring to hear that these errors do get fixed eventually, even though the process is incredibly stressful!
0 coins