New York Unemployment

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I went through something similar last year when my employer contested my claim saying I violated company policy. What really helped my case was keeping detailed records - I had emails showing I followed proper procedures and even got written confirmation from my supervisor on certain decisions. NYS Department of Labor ended up ruling in my favor because I could prove the employer's version didn't match the documentation. My advice is to gather any evidence you have (emails, texts, photos, witness statements) and submit it proactively rather than waiting for them to request it. Also, don't let your employer intimidate you - they have the burden of proving misconduct, not the other way around.

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@Omar Farouk That s'really encouraging to hear! I m'in a similar situation right now where my employer is claiming misconduct but I have emails and documentation that contradict their story. Did you submit everything at once or send it in pieces as you found more evidence? Also, were you able to get unemployment payments while the adjudication was happening or did you have to wait until it was resolved?

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@Melissa Lin I submitted everything at once in one big package - it seemed more organized that way and showed I was being thorough from the start. As for payments, unfortunately you have to wait until the adjudication is complete before any benefits are released. But if you win your case, they ll'backpay you for all the weeks you were eligible from when you first filed. The waiting is the hardest part, but stay strong and keep all your documentation organized!

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I'm going through a similar situation right now - my employer is claiming I was terminated for "poor performance" but I never received any written warnings or performance improvement plans. It's been 3 weeks since I filed and the adjudication is still pending. From what I'm reading here, it sounds like I should gather any positive performance feedback I received via email and maybe ask former coworkers if they'd be willing to provide statements about my work quality. Has anyone had success using coworker testimonials as evidence? I'm worried my employer's HR department has more resources to present their case than I do as an individual.

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Yes, coworker testimonials can definitely help your case! I used them when my employer tried to claim poor performance too. NYS Department of Labor does consider witness statements, especially if they're from people who directly observed your work. Just make sure the statements are specific - not just "they were a good worker" but actual examples of your performance, projects you completed well, positive interactions, etc. Also, don't worry about resources - the burden is on your employer to prove misconduct with actual documentation. If they can't provide written warnings or a paper trail showing progressive discipline, that actually works in your favor. Keep pushing for any emails with positive feedback and maybe check if you have any completed project summaries or client compliments saved.

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The whole system is so confusing! I got my first payment after 4 weeks but then nothing for two weeks after that. Turns out I missed filing one weekly claim and it messed everything up. You really have to stay on top of it every single week or they just stop everything. No warnings or anything, just suddenly no money coming in.

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That's terrifying! I definitely don't want to miss any weekly claims. Is there a way to set reminders or something?

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Just remember you have to file between Sunday and Saturday each week. Most people do it Sunday morning to get it out of the way. And yes, keep filing even if you haven't been paid yet - those weeks won't be lost if your claim gets approved.

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just keep filing every week and dont lie about anything. ive been on unemployment twice and never had any problems as long as you file on time

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I went through the same anxiety when I first started collecting! Here's what helped me stay organized: I created a simple spreadsheet with columns for date, company name, position applied for, method of contact (online, email, phone), and any follow-up. The 3 job contacts per week requirement is real - it can be applications, informational interviews, networking events, or even reaching out to recruiters. Also register on jobs.ny.gov if you haven't already, as that's part of the requirement. I set aside time every Sunday after filing my weekly claim to update my job search log. Better to be over-documented than under-documented if they ever ask for proof!

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Just want to add that you should also check if your employer offers any severance package - sometimes that can affect when you're eligible to start collecting unemployment benefits. Also, make sure you have all your wage information ready when you file. NYS Department of Labor will need details about your earnings for the past 18 months, so gather up your pay stubs or W-2s beforehand. The whole process goes much smoother when you have everything organized.

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Great point about the severance package! I didn't even think about that potentially delaying benefits. Do you know how long you have to wait if you do get severance? Also, when you mention having wage information for the past 18 months ready - would bank statements work if I can't find all my old pay stubs?

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I've been through this process recently and want to share some additional tips. First, regarding the tax question that came up - unemployment benefits are considered taxable income, so you can either have taxes withheld automatically (10% federal) or pay them when you file your return. Second, for calculating your benefits, NYS Department of Labor looks at your "base period" which is typically the first 4 of the last 5 completed calendar quarters before you file. So if you file in January 2025, they'd look at your earnings from January-December 2024. This is why job changes can affect your benefit amount - if you had lower earnings in that specific timeframe, it impacts your weekly benefit rate. Also, once you're approved, you have to certify for benefits every week and show that you're actively looking for work. Keep track of your job search activities because they can audit this. The whole process can take 2-4 weeks from filing to receiving your first payment, so don't wait to apply once you're laid off.

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This is super helpful, thank you! The base period explanation really clarifies things - I've been at my current job for 2 years so my earnings should be pretty consistent in that timeframe. The 2-4 week delay is something I need to plan for financially. Quick question about the job search requirement - do you know how many job applications you need to do per week to stay compliant? And can you apply to jobs in related fields or does it have to be the exact same type of work?

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just to add - the $504 is if you qualify for regular UI benefits. if you're on partial unemployment or have other complications it might be different. but yeah $504 is the standard maximum weekly benefit rate for full unemployment in NY

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Just wanted to confirm what others have said - the $504 maximum is correct for 2025. I went through this process last year and can tell you that your actual weekly benefit amount is calculated as 50% of your average weekly wage in your highest earning quarter, but it's capped at that $504 limit. So if you made $70k annually, you'll likely hit the maximum. The key thing to remember is that you need to have worked and earned wages in at least 2 quarters during your base period to qualify. Also, don't forget that unemployment benefits are taxable income, so you might want to consider having taxes withheld from your weekly payments to avoid a big bill at tax time.

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That's really helpful about the tax withholding - I hadn't thought about that! Do you know what percentage they typically withhold if you choose that option? And when you say "base period," is that just the last 4 quarters before filing or is there a specific timeframe they use?

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