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Have you tried calling the local office directly instead of the main number? Sometimes those are less busy
I've had some success calling the regional offices directly instead of the main line. You can find your local office number on the DOL website under "Find a Career Center" - just search by your zip code. The local offices usually have shorter wait times, though they can't help with everything. Also try calling during lunch hours (12-1pm) when fewer people are calling. I know it's frustrating but don't give up!
Same thing happened to my brother last month and he got approved for benefits pretty quickly. The employer didn't even contest it. Good luck!
I went through something similar about 6 months ago. Being terminated for performance issues doesn't automatically disqualify you from unemployment benefits in NY. The key thing is that performance issues are generally not considered "misconduct" unless you were deliberately refusing to do your job or violating clear company policies after repeated warnings. When you file your claim online, be straightforward about what happened but don't feel like you need to defend yourself extensively. NYS Department of Labor will investigate and make their determination based on the facts. Make sure to file as soon as possible since there's a waiting period, and keep doing your weekly certifications even if your employer contests the claim. You'll likely be eligible for benefits while the review is pending.
This is really helpful advice! I'm curious about the weekly certifications you mentioned - do I need to be actively job searching while my claim is being reviewed, or can I wait until it's approved? I don't want to mess up the process by not following the requirements correctly.
Congrats on landing the new job! 🎉 I went through this exact same situation a few months back and was super anxious about doing the wrong thing. I ended up calling the DOL line (took forever to get through) and they told me that while you *should* officially report the job change, most people just stop certifying and the system handles it automatically. The rep said as long as you don't certify for any weeks where you're working full-time, you're fine. I chose to play it safe and reported it online through my account - took like 2 minutes. But honestly, either approach seems to work based on what I've seen in this community. The main thing is just don't certify once you start getting that regular paycheck!
This is super helpful! Thanks for actually calling and getting the official word from DOL - that gives me a lot more confidence. I think I'll follow your lead and report it online just to be completely safe, especially since you said it only took 2 minutes. Really appreciate you sharing your experience and congrats on your job too! 😊
Definitely report it to be safe! I had the same dilemma last year and decided to officially notify them through the online portal - it was super quick and gave me peace of mind. You can find the option to report employment changes in your NY.gov account under the unemployment section. That way you're covered if they ever do any audits later. Most people do just stop certifying and it works out fine, but taking the extra 5 minutes to report it officially is worth it IMO. Good luck with the new job! 🎉
UGH this whole system is set up to screw workers over. They make it nearly impossible to quit a bad job and still get benefits. Meanwhile employers can fire you for any reason and you get unemployment no problem. Makes no sense.
Have you considered documenting whether your supervisor is giving you adequate notice for schedule changes? In NY, there are predictive scheduling laws for certain industries that require advance notice. If your employer is violating those rules, that could strengthen a "good cause" case. Also, keep track of how the hour cuts are affecting your total earnings - if you're earning significantly less than when you were hired, that might be considered constructive dismissal. The key is building a strong paper trail before you make any decisions.
This is really helpful advice! I hadn't thought about the predictive scheduling laws. My employer is a retail chain so that might apply. The hour cuts have been pretty significant - I went from being promised 32-35 hours a week when hired to getting only 20-25 hours lately. Is there a specific percentage reduction that would count as constructive dismissal, or is it more subjective?
Ethan Moore
The tax thing with unemployment is such a mess. They should make it clearer upfront that this is taxable income. I bet half the people collecting don't realize until it's too late.
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Ellie Simpson
I went through this exact same thing last year and it was a wake-up call. The good news is you caught it at 8 weeks - I didn't realize until I had collected for 6 months! Here's what I learned: definitely turn on withholding ASAP like others mentioned, but also consider opening a separate savings account and putting away an extra 15-20% of each payment since the 10% federal withholding won't cover state taxes. I used a simple rule - for every $100 in benefits, I'd save $20 in a "tax fund." It made tax season much less painful. Also, keep all your 1099-G forms organized - you'll need them for filing. Don't panic though, you're addressing it early enough to avoid a major surprise!
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Gemma Andrews
•This is really helpful advice! The separate savings account idea is smart - I'm definitely going to set that up. Quick question though - do you know if the 1099-G gets sent automatically or do I need to request it? I want to make sure I don't miss anything important for tax season.
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