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Just be completely honest when you file. Include both the restructuring reason from your termination letter AND mention the performance warning. Let NYS Department of Labor sort it out during adjudication if your employer contests it. The worst thing you can do is leave out important details that they'll discover anyway.
I had a very similar situation a few months ago - got laid off during "restructuring" but had received some performance feedback earlier. Here's what I learned: NYS Department of Labor cares more about the immediate cause of separation than past performance issues. If your termination letter says position eliminated due to restructuring, that's usually considered involuntary separation through no fault of your own. The performance warning from a month ago probably won't disqualify you unless it was for serious misconduct. When you file, mention both - the restructuring reason and the prior warning - but emphasize that the official reason was budget cuts/restructuring. This shows you're being transparent while making it clear the separation wasn't performance-based. Most importantly, file as soon as possible since there's a waiting period anyway.
just a heads up the $504 is before taxes. they'll take out federal taxes if you elect to have them withheld, which i recommend unless you want a surprise bill next april
Also worth noting that the $504 maximum assumes you had pretty high earnings - you'd need to have made around $13,104 in your highest quarter to qualify for the full amount. Most people get less than the maximum. The formula is your high quarter earnings divided by 26, so if you made $10,000 in your best quarter, your weekly benefit would be around $385. The system looks at your base period wages, not just your most recent job, so if you had a higher-paying job earlier in that timeframe it could help your benefit calculation.
The whole protest system is broken IMO. Employers can just file frivolous protests to delay payments and there's no penalty for them. Meanwhile we're the ones who suffer financially while they take their sweet time investigating.
I went through this exact situation 3 months ago and it took about 10 weeks for my protest to be resolved. The waiting is absolutely brutal, especially when bills keep coming. A few things that helped me: 1) I called my local assemblyperson's office and they were able to put in an inquiry on my behalf which seemed to speed things up a bit, 2) I applied for emergency food assistance and utility help through 211 while waiting, and 3) I made sure to document every single interaction and keep copies of all paperwork. The good news is that once it's resolved, you'll get all the back pay for those pending weeks. Hang in there - I know it feels hopeless but it will get sorted out eventually.
Just checked and I can get to the main ny.gov page but when I click on unemployment services it just spins forever. Definitely seems like their unemployment section is having problems specifically.
I'm having the exact same issue! Been trying since 6 AM and the unemployment portal just won't load. Really stressing me out because I can't afford to miss my weekly certification. Has anyone tried calling the technical support line instead of the regular unemployment line? Sometimes they have a separate number for website issues that might be less busy.
I didn't even know there was a separate tech support line! Do you happen to have that number? I've been calling the main line all morning and it just keeps saying "all circuits are busy" before hanging up. This is my first time dealing with a system outage like this and I'm really panicking about the deadline.
Vanessa Chang
try calling right when they open at 8am that worked for me once
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Katherine Ziminski
UPDATE: I finally got through to someone at DOL! Used that Claimyr service and it actually worked - got connected in about a half hour. The agent was super nice and explained that I should only select "went back to work" after I've actually started working and received pay. She removed the break in claim and said my payment should process in 2-3 business days. So relieved!!! Thanks everyone for your help!!
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Ella Knight
•nice! at least somebody over there knows what theyre doing
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Evelyn Xu
•That's awesome! So glad Claimyr worked for you too - it really is a lifesaver when you can't get through the regular way. Hope your payment comes through quickly and congrats on the new job!
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