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If you're having trouble getting through to NYS Department of Labor to discuss your case or need to speak with someone about the appeal process, I used claimyr.com recently when I needed to reach an agent quickly. They have a service that gets you connected to actual NYS Department of Labor representatives without waiting on hold forever. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helpful when you're dealing with time-sensitive unemployment issues like employer appeals.
I'm also dealing with a similar situation right now. One thing I learned is that you should also check if your state has specific guidelines about what constitutes "misconduct" versus just poor performance. In NY, the misconduct has to be willful and work-related. Being consistently late might qualify if you have documented warnings and a clear attendance policy that the employee acknowledged. Make sure you can show that the employee knew the consequences of their actions and continued the behavior anyway. Also keep copies of everything you send to NYS Department of Labor for your records.
This is really helpful advice about the willful misconduct standard in NY. I'm curious - how do you prove that an employee "knew the consequences" beyond just having them sign the employee handbook? Did you have to get written acknowledgments each time you gave warnings, or is it enough to have the warnings documented in their personnel file? I want to make sure I'm building the strongest case possible.
I went through this exact same process as a substitute teacher in the Rochester area last summer. Carmen, you should definitely file - substitutes are treated differently than regular teachers because we don't have guaranteed contracts for the following year. The main thing NYS Department of Labor will look at is whether you have "reasonable assurance" of work returning in the fall, and as a substitute without a contract, you typically don't have that assurance. I'd recommend filing online as soon as possible since there's a one-week waiting period before benefits begin. Make sure you have documentation of your work history from all the districts you've subbed for, and be prepared to actively job search during the summer - they do require weekly work search activities. The process took about 2 weeks for me to get approved, and having substitute teaching experience for two years should definitely meet their wage requirements.
This is really reassuring to hear from someone who went through the same process! I was particularly worried about the "reasonable assurance" part since I've heard that can disqualify teachers, but it makes sense that substitutes are in a different category. Did NYS Department of Labor ask you any specific questions about whether you expected to return to subbing in the fall, or was it pretty straightforward once you explained you don't have a contract? Also, for the weekly work search requirement, were you able to apply for both substitute positions and other types of jobs, or did they want you to focus on education-related work?
@Kirsuktow DarkBlade This is exactly what I needed to hear! I ve'been hesitating to file because I wasn t'sure about that reasonable "assurance requirement." It s'good to know that substitutes are viewed differently than contracted teachers. Quick question - when you were doing your weekly work search, did you find that most employers were understanding about the fact that you d'likely return to substitute teaching in the fall? I m'worried potential employers might see me as a temporary worker and not want to hire someone who will leave in a few months.
I'm also a substitute teacher in the Capital Region and just wanted to add that you should definitely file, Carmen! I was in the exact same boat last summer - worked as a sub for about the same amount of time as you and was nervous about the irregular schedule. But like others have mentioned, substitutes are treated very differently from contracted teachers by NYS Department of Labor. The key thing that helped me was keeping really good records of all my work - dates, schools, hours, pay amounts. When I filed, they asked for employment history going back 18 months, so having that organized made the process much smoother. One tip: when you're doing your weekly certifications, make sure you're genuinely looking for work and documenting it properly. I applied to summer camps, tutoring centers, retail jobs, basically anything I was qualified for. The work search requirement is real and they do check, but it's totally doable. My benefits were approved in about 2 weeks and it really helped bridge the gap until school started again. Don't let the irregular nature of substitute work discourage you - you've been working steadily and paying into the system, so you've earned these benefits!
This is such helpful advice, Keith! I'm actually in a very similar situation - substitute teacher for about the same length of time and really nervous about filing. Your point about keeping good records is spot on - I wish I had been more organized with tracking all my different assignments across multiple districts. Can I ask what kind of documentation NYS Department of Labor actually required during the application process? I have most of my pay stubs but I'm missing some from earlier in the year and wondering if that will be a problem. Also, when you mention applying to summer camps and tutoring centers, did those employers ever ask why you were looking for temporary work or did you just explain your situation upfront?
@Keith Davidson Thank you so much for sharing your experience! This gives me a lot more confidence about filing. I do have most of my documentation organized - pay stubs from the main districts I work with and my W-2 from last year. It s'reassuring to know that the irregular schedule isn t'automatically disqualifying. I m'definitely going to start putting together that employment history for the past 18 months like you mentioned. One more question - when you were doing your work search, did you find that explaining your substitute teaching background actually helped with some employers? I m'thinking places like summer camps or tutoring centers might actually see that experience as a plus, even if it s'temporary work.
Just wanted to add that if you're in a real emergency situation and need cash before the replacement card arrives, some KeyBank branches will let you do an over-the-counter withdrawal with proper ID. I had to do this once when my card got damaged and couldn't wait for a replacement. You'll need your social security number, ID, and they might ask for the phone number on your unemployment account. Not all branches do this but it's worth calling ahead to ask if you're really stuck.
This is such good info to know! I had no idea you could do over-the-counter withdrawals at KeyBank branches. That would have saved me so much stress when I was waiting for my replacement card. Do you remember if there were any fees for doing the withdrawal that way? I'm always worried about extra charges eating into my benefits.
This whole thread has been so helpful! I'm new to unemployment benefits and honestly had no clue about any of this KeyBank stuff. I just got approved last week and they sent me the debit card, but reading about all these potential issues has me thinking I should probably set up direct deposit right away instead of waiting for something to go wrong. Does anyone know if there's a waiting period before you can switch to direct deposit, or can you do it immediately after getting approved?
Welcome to the unemployment world! You're smart to be thinking ahead about this. From what I've read in other threads, you can usually request direct deposit pretty much right away - you don't have to wait or use the debit card first. I'd definitely recommend doing it sooner rather than later since it can take a couple weeks to process the switch. The direct deposit option really does seem way more reliable than dealing with the KeyBank card system. Good luck with everything!
Based on everyone's experiences shared here, I think you definitely have a good chance of qualifying! The consensus seems to be that NYS Department of Labor evaluates these situations individually, and your 35 years of work history is a huge advantage. I'd recommend applying online and being prepared to clearly explain during the phone interview that while your employment ended, you're now able, available, and actively seeking work. Don't get discouraged by the potential wait times - several people mentioned it took 2-3 weeks for adjudication. Make sure to start documenting your job search activities right away (3 contacts per week minimum) since you'll need those records for your weekly certifications. The success stories from folks like Kristin and Abigail show it's definitely possible for people in similar retirement situations to get approved. Good luck with your application!
@CyberSiren This is such a helpful summary of all the advice shared here! You're absolutely right that the consensus points to it being worth applying. I'm feeling much more confident about moving forward after reading everyone's experiences. One thing I'm planning to do is start my job search activities even before I submit the application, so I'll have a solid record of genuine work-seeking efforts when they review my case. The 3 contacts per week requirement seems very manageable, especially with the suggestions about age-friendly employers and temp agencies. Thank you to everyone who shared their stories - this community has been incredibly valuable for navigating what seemed like an impossible situation just a few hours ago!
I'm 62 and just went through this exact situation! I officially retired in March but had to start looking for work again by June due to rising costs. The key thing that worked for me was being completely upfront during the application process - I explained that while I had initially retired, my circumstances changed and I was now actively seeking employment. NYS Department of Labor approved my claim after about 2.5 weeks of adjudication. During the phone interview, they asked detailed questions about my availability and job search efforts, not so much about the retirement itself. My advice: start your job search activities immediately (even before applying) so you have solid documentation, and focus on demonstrating current availability rather than dwelling on past retirement decisions. The age discrimination concern is real, but I found success with healthcare support roles and retail positions that value experience. Your 35-year work history will definitely help establish eligibility - that's exactly what they want to see. Don't let the retirement label discourage you from applying!
@Sofia Ramirez This is exactly the kind of real-world success story I needed to hear! Your timeline of retiring in March and then needing to look for work again by June really mirrors my situation. I m'so glad to hear that NYS Department of Labor focused more on your current availability during the phone interview rather than getting stuck on the retirement aspect. Your advice about starting job search activities before even applying is smart - I m'going to begin reaching out to employers this week so I have concrete documentation ready. Did you find that having that early job search record helped during your adjudication process? Also, I m'curious about your experience with healthcare support roles - were there any particular types of positions or employers that seemed most receptive to hiring someone with our experience level?
@Sofia Ramirez Thank you so much for sharing your success story! It s'incredibly encouraging to hear from someone who navigated this exact situation. Your point about being upfront during the process makes a lot of sense - honesty seems to be the best approach rather than trying to avoid the retirement topic entirely. I m'curious about the healthcare support roles you mentioned - did you need any special certifications or training, or were they positions that valued your general work experience? Also, when you say you started job search activities before applying, how detailed were the records you kept? I want to make sure I m'documenting everything properly from the beginning. The 2.5 week adjudication timeline gives me a realistic expectation too. Thanks again for taking the time to share your experience - it really helps those of us facing similar situations!
Yara Nassar
This thread has been incredibly informative! I'm also dealing with unemployment benefits for the first time and had the same misconception that unused benefits would just sit there waiting for me to use them later. Reading everyone's explanations about how the benefit year system works has really cleared things up. It's definitely a relief to know that if you become unemployed again within the same benefit year, you can still access your remaining balance - I had no idea about that detail. For anyone else who's new to this like me, it seems like the main points are: 1) benefits are calculated fresh for each new claim based on recent work history, 2) unused benefits expire when your benefit year ends (52 weeks from initial filing), but 3) you can return to the same claim if you become unemployed again within that same benefit year. Thanks to everyone who took the time to share their experiences - it's so much more helpful than trying to decode the official government websites!
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Angelica Smith
•This is such a great summary! As someone who's also navigating unemployment benefits for the first time, I really appreciate how you've broken down the key points so clearly. The benefit year concept was definitely the most confusing part for me too - I kept thinking of it like a bank account that would just stay there forever. Your three main points are spot on and will probably help a lot of other newcomers who find this thread. It's amazing how much clearer everything becomes when real people share their actual experiences rather than trying to parse through all the official government language!
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Ravi Sharma
As someone who's been through the unemployment system in NY a couple times, I can confirm what others have said - any unused balance disappears when your benefit year ends. It's frustrating but that's how it works. One thing I'd add is to make sure you keep good records of when your benefit year started so you know exactly when it expires. Also, if you do take that job offer (which you absolutely should!), make sure to properly close out your claim through the online portal to avoid any issues down the road. The key thing to remember is that unemployment is temporary income replacement, not a savings plan. Take the job and don't look back - steady employment is always better than living off unemployment benefits, even if it means leaving money on the table.
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Diez Ellis
•This is really solid advice from someone with actual experience! The point about keeping records of when your benefit year started is something I hadn't thought of but makes total sense. I'm definitely leaning towards taking the job offer after reading everyone's responses here. It's reassuring to hear from multiple people that steady employment is always the better choice, even with unused benefits. Do you happen to remember how straightforward the process was to close out your claim through the online portal when you went back to work?
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