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Had something similar happen last year when I was laid off from my retail job. Turned out they needed me to verify my last day of work because my employer reported a different date than what I put on my application. Once I submitted the correct documentation it cleared up in about a week. Keep trying to get through to someone - the phone system is terrible but eventually you'll reach a real person who can tell you exactly what they need.
I went through this exact same situation about 6 months ago. The "active issues" turned out to be related to my previous employer not responding to their request for wage verification. What finally worked for me was contacting my state assemblyperson's office - they have dedicated staff who can reach out to the Department of Labor on your behalf. It sounds crazy but I got a call back within 2 days after weeks of getting nowhere on my own. You can find your assemblyperson on the NY State Assembly website. Also, try calling right at 8am when the phone lines open - that's when I finally got through. Don't give up, these issues are usually resolvable once you can actually talk to someone who can see what's in your file.
The restaurant industry is rough right now but there are jobs out there. Focus on your weekly claims and job search requirements and you should be fine for the 26 weeks. Just stay on top of everything with NYS Department of Labor.
Hey Victoria, sorry to hear about your layoff! The 26 weeks is correct for NY unemployment benefits. Since you worked full-time for 2 years at your restaurant job, you should definitely qualify for the full duration. Just make sure to file your weekly certifications on time every week - you can usually do this online through the NY.gov website. Also keep track of your job search activities (3 per week minimum) because they do audit those records. The restaurant industry has been picking up lately, so hopefully you'll find something before your benefits run out. Good luck!
I've been tracking this data too since I'm also on unemployment. According to the most recent Bureau of Labor Statistics report, the national unemployment rate is sitting at 3.7% as of December 2024. New York is at 4.2%, so we're about half a percentage point above the national average. What's interesting is that different regions within NY vary quite a bit - NYC metro area tends to be closer to the national average while upstate areas can be higher. If you're looking for more detailed breakdowns, the NYS Department of Labor releases monthly reports that include county-level data. Hang in there - 6 months is tough but the job market does seem to be slowly improving based on the trend data.
This is really helpful data, thank you! The county-level breakdown sounds useful - do you happen to know if the NYS Department of Labor reports also include industry-specific unemployment rates? I'm wondering if certain sectors are hit harder than others right now, which might explain why some of us are struggling more even when the overall numbers don't look that bad.
Just a heads up - even if you meet the monetary requirements, you still need to be unemployed through no fault of your own and meet the weekly job search requirements. The earnings threshold is just the first hurdle, not the only one for getting approved.
Thanks everyone for the helpful info! I'm feeling much more confident about applying now. One follow-up question - when they calculate your base period quarters, do they use the calendar quarters (Jan-Mar, Apr-Jun, etc.) or is it based on when you actually started working? I started my job in March so I'm trying to figure out which quarters would count for me.
They use calendar quarters, not when you started working. So Jan-Mar is Q1, Apr-Jun is Q2, Jul-Sep is Q3, and Oct-Dec is Q4. Your base period would typically be the first four of the last five completed quarters before you file your claim. Since you started in March, your earnings from March would count toward Q1, and so on. The NYS Department of Labor website has a base period calculator that can help you figure out exactly which quarters apply to your situation.
Liam Mendez
My brother got fired for attendance issues last year and still got unemployment after appealing. The key is showing it wasn't intentional misconduct. Good luck with your claim!
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Darcy Moore
I work as an HR representative and deal with unemployment claims regularly. While you can file immediately, being terminated for tardiness after multiple warnings is typically considered misconduct in NY. However, each case is reviewed individually during adjudication. The Department of Labor will contact your employer to verify the circumstances. If you had legitimate reasons for some of the tardiness (like the car trouble you mentioned), make sure to document and provide evidence. Even if initially denied, you have the right to appeal and present your case at a hearing. File your claim right away regardless - the worst they can do is deny it, but you might be surprised by the outcome.
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