I'm in a very similar situation right now - got a workers comp settlement for a wrist injury from my factory job about 3 months ago. The settlement money definitely doesn't count as wages for unemployment purposes. I filed my claim right after getting medical clearance to return to work with restrictions (no repetitive motions). NYS Department of Labor approved me without any issues related to the settlement. The main thing they care about is that you're able to work within your restrictions and actively looking for jobs that accommodate them. I keep a detailed log of all my applications and note when employers can't accommodate my restrictions. It's been a slow process finding work but the UI benefits have been a lifesaver while I search. Don't let the settlement money worry you - focus on documenting your job search efforts within your physical limitations.

I'm dealing with a similar situation right now - got a workers comp settlement for a back injury from my construction job about 2 months ago. From what I've learned through this process, the settlement absolutely should not disqualify you from unemployment benefits. The key things NYS Department of Labor looks at are: 1) Are you medically cleared to work (which you are), 2) Are you actively seeking work within your restrictions, and 3) Are you available for suitable employment. Since your doctor cleared you for work with restrictions, you meet the medical requirement. Just make sure when you file that you're completely honest about your restrictions and document every job application thoroughly. I've been keeping a spreadsheet with company names, positions applied for, dates, and notes about whether they can accommodate my lifting restrictions. It's definitely frustrating when employers won't consider you because of the restrictions, but that actually helps your case with unemployment - it shows you're actively looking but facing legitimate barriers due to your work-related injury. Don't let the settlement money stress you out, it's not considered income for UI purposes in New York.

DOL employee here (not in NY but another state with the same system). There are a few reasons this happens: 1. Most likely: their system does quarterly reviews and sometimes flags accounts for verification even if there's no actual break 2. If you certified later in the day than usual (like evening vs morning), some systems flag this as unusual activity 3. If you used a different device or IP address to certify 4. Random selection for fraud prevention Just answer the questions accurately based on your real situation. If you haven't returned to work, say no. If it asks for an EIN, you can usually leave it blank if you haven't worked anywhere new. If your payment doesn't come through within 3-4 business days, then you need to call. But 9 times out of 10, this resolves itself without any problems.

This exact same thing just happened to me last week! I was so confused because I've been religiously certifying every single Sunday since I got laid off in September. The break in claim questions totally threw me off - I thought I had somehow messed up my claim without realizing it. After reading through everyone's responses here, I'm feeling much better about it. Sounds like it's just their system being glitchy as usual. I answered the questions honestly (no return to work, left EIN blank) and my payment actually came through normally on Tuesday. So hopefully yours will too! The NY unemployment system really needs a complete overhaul. It's wild that we're all dealing with the same random glitches and nobody at DOL seems to know what's causing them. At least we have this community to help each other figure things out! 🤝

Just make sure you keep good records of your part-time hours and pay stubs. NYS Department of Labor might not call your employer, but they could always request documentation later if they audit your claim or if something seems off in your weekly certifications.

I went through this exact same situation about 8 months ago - got laid off from my full-time job but kept a part-time gig that was only giving me about 12 hours a week. NYS Department of Labor never contacted my part-time employer at all. The most important thing is being completely transparent when you file your weekly claims about the hours you worked and money you earned. I actually ended up getting partial benefits for several months while I looked for another full-time position, and it really helped bridge the gap financially. Don't let fear of them contacting your current employer stop you from filing - you're entitled to these benefits and as long as you're honest about your situation, you should be fine.

Just make sure you're being honest about everything when you file. The NYS Department of Labor will cross-reference your reported earnings with what your employer reports, so any discrepancies will cause problems.

I went through this exact situation last year when my restaurant cut my hours from 35 to 15 per week. Yes, your employer gets notified automatically, but honestly it worked out fine for me. My manager actually understood since they were the ones who reduced my schedule due to slow business. The key is being completely transparent about your part-time earnings when you file your weekly certifications. I was getting about $180/week in partial benefits which really helped cover my rent. Just keep good records of your hours and pay stubs in case there are any questions later.

I went through something similar when I got fired for "attitude problems" which was really just me advocating for proper break times. NYS Department of Labor ruled in my favor because my employer couldn't prove I willfully violated any specific policy. The fact that your termination letter is vague and just mentions "performance standards" without specifics actually works in your favor. Keep records of your sick day call-ins and any company policies about attendance. If you followed proper procedures for calling out sick, that's definitely not misconduct. Don't panic about rent - even if there's a delay, you can often get benefits backdated once approved.

I had a similar experience where I was terminated for "attendance issues" but it was really just two legitimate sick days. When I filed my unemployment claim, I was completely honest about the circumstances - included details about following company call-out procedures and having no prior warnings. NYS Department of Labor approved my benefits because they determined that calling out sick when actually ill doesn't constitute willful misconduct. The key is being truthful on your application and keeping any documentation you have (texts/emails about calling out, employee handbook policies, etc.). Even if your employer contests the claim, you'll get a hearing where you can explain your side. Don't let the fear of denial stop you from being honest - it's much worse to get caught in a lie later than to deal with a potential appeal upfront.