


Ask the community...
I'm also a teacher in NY and went through this exact situation when I first started teaching. The reasonable assurance rule is definitely frustrating, but there's one scenario that might apply to some teachers - if you're on a temporary or substitute contract rather than a permanent position. I had a friend who was able to collect unemployment between her long-term sub positions because she didn't have that "reasonable assurance" of returning to the same job. Also, if you're looking for summer income, many districts hire teachers for summer programs, ESY (Extended School Year), or summer school positions. The pay isn't great but it's something. Some teachers also do test prep tutoring or work at educational summer camps. It's worth checking with your union rep too - they usually have good information about what options are available in your specific district.
That's a great point about substitute positions! I'm curious about the summer school angle - if a teacher works summer school for their own district, does that affect their eligibility for unemployment in future summers? Like, would the NYS Department of Labor consider that as strengthening the "reasonable assurance" argument even more? Also, do you know if there are any differences between working summer programs within your home district versus taking a summer position in a completely different district?
I'm a former NYS Department of Labor employee and can confirm what others have said about the reasonable assurance rule. It's codified in NY Labor Law Section 590.11 and is pretty strictly enforced for school employees. The key factor is whether you have a contract or written agreement to return to work in the fall. Even if your salary is spread over 12 months instead of 10, you're still considered to have reasonable assurance. One thing I haven't seen mentioned yet - if you're a probationary teacher and there's genuine uncertainty about your job security for the next year, that could potentially affect your eligibility. But you'd need documentation showing the uncertainty isn't just routine evaluation but actual doubt about contract renewal. The burden of proof would be on you to show the assurance isn't "reasonable." For most tenured or continuing contract teachers though, summer unemployment just isn't going to happen under current NY law.
Thanks for that detailed legal breakdown! As someone new to this situation, I'm wondering - what exactly constitutes "documentation showing uncertainty" for probationary teachers? Would something like a performance improvement plan or concerns raised during evaluations be enough, or does it need to be more explicit like a notice that contract renewal is in question? Also, you mentioned NY Labor Law Section 590.11 - is that something regular people can access online to read the exact language, or do you need to go through legal databases?
As someone who works in HR and has helped employees through layoffs, I want to emphasize a few key points that haven't been mentioned yet. First, make absolutely sure you get a copy of your separation notice (form IA 12.3) from your employer - this document states the reason for your separation and can prevent delays in processing your claim. Second, if your employer offers any kind of severance agreement, read it carefully before signing as some agreements have clauses about when you can file for unemployment. Third, remember that unemployment benefits are taxable income, so you can elect to have taxes withheld or plan to pay them at tax time. Finally, keep detailed records of EVERYTHING - every phone call, every document, every interaction with the DOL system. I've seen claims get complicated over the smallest details, so documentation is your best friend. You're already being proactive by asking these questions, which puts you ahead of many people who wait until the last minute. File immediately after your last day and don't look back!
This HR perspective is incredibly valuable - thank you for sharing these professional insights! I hadn't heard about the separation notice (form IA 12.3) before, and it sounds like something I should specifically ask for from my HR department before my last day. The point about severance agreements potentially affecting when you can file is really important too - I'll make sure to read any paperwork carefully before signing. One question: if my employer doesn't automatically provide the separation notice, should I specifically request it by name, or is there another way to phrase the request to make sure I get the right documentation? I want to make sure I'm asking for the correct form when I talk to HR this week. Thanks again for the detailed advice - having someone with HR experience weigh in makes me feel much more confident about navigating this process properly!
You should definitely ask for it by the specific form name - "separation notice form IA 12.3" - when you speak with HR. Most HR departments are familiar with this form since it's required for unemployment claims, but asking by the specific form number ensures you get exactly what you need. If for some reason they're not familiar with it or claim they don't have it, you can also refer to it as the "unemployment separation notice" or "reason for separation documentation." The form essentially just states whether you were laid off, terminated for cause, quit voluntarily, etc. - which is crucial information for your unemployment claim. If your employer is doing layoffs, they should be prepared with these forms, but it never hurts to be specific in your request. You can also mention that you need it for filing your unemployment claim - that usually gets HR moving quickly to provide the right paperwork!
I was laid off from my job about 3 months ago and want to share some additional insights that might help. One thing that really caught me off guard was how important it is to keep your contact information updated throughout the entire process - not just when you initially file. I moved apartments a few weeks after filing and forgot to update my address in the system, which caused a delay in receiving important notices. You can update your info online through your NY.gov account anytime. Also, I'd recommend setting up email notifications if you haven't already, because sometimes mail can get delayed or lost. Another tip: if you have any union membership or professional associations, check if they offer any job placement services or networking events for unemployed members. I found my next position through a professional meetup that I discovered through my old union contacts. The whole unemployment process feels overwhelming at first, but once you get into the routine of weekly certifications and job searching, it becomes much more manageable. Just remember that filing immediately after your last day is absolutely the right move - every day you wait is potentially money left on the table!
Omar, I'm so sorry to hear about your mother's stroke and the impossible position this has put you in. Reading through all these responses, it's clear you're getting some excellent guidance. I wanted to add one more resource that might be helpful - many states have Family Caregiver Support Programs through the Older Americans Act that provide things like respite care vouchers, caregiver training, and even modest stipends for family members providing care. You can usually find these through your Area Agency on Aging. Also, don't overlook the possibility that your mother might qualify for programs based on her work history - if she paid into Social Security, she might be eligible for disability benefits even from a stroke, which could help with household finances. The fact that you worked in healthcare for 8 years before this happened shows your dedication both professionally and personally. This community seems really supportive and knowledgeable - I hope some of these suggestions lead to the help you and your mother need. Take care of yourself too in all of this.
Sofia, thank you for bringing up the Family Caregiver Support Programs - that's another really important resource! The combination of respite care vouchers and caregiver training could be incredibly valuable for Omar's situation. Your point about his mother's potential Social Security disability eligibility is crucial too - stroke survivors often do qualify for SSDI benefits, and that monthly income could make a huge difference for their household expenses. Omar, it's amazing to see how much support and knowledge this community has shared with you. Between CDPAP, veteran's benefits if applicable, Family Caregiver Support Programs, leveraging your healthcare background for flexible work, and exploring your mother's disability benefits - you have so many avenues to pursue. I know it feels overwhelming when you're already exhausted from caregiving, but even getting one or two of these programs in place could provide significant relief. You're doing an incredibly difficult and selfless thing, and it's clear from everyone's responses that people recognize and want to support that.
Omar, I'm so sorry about your mother's stroke - what an incredibly difficult situation. I've been following this thread and wanted to add something that might help that I haven't seen mentioned yet. Since you worked at a hospital for 8 years, you likely have strong connections in the healthcare community. I'd suggest reaching out to the stroke unit or rehabilitation department at your former hospital - they often maintain lists of community resources specifically for stroke survivors and their families that aren't widely publicized. Additionally, many stroke support groups have informal networks where families share resources and sometimes even coordinate respite care for each other. The American Stroke Association chapters often facilitate these connections. Also, if your mother had any kind of retirement savings or pension from her work, there might be hardship withdrawal options available that could provide some financial breathing room while you navigate all these other programs everyone has mentioned. Your dedication to your mother is incredible, and I really hope some of these resources work out for you both.
I just wanted to chime in as someone who went through this process about 2 months ago. Reading through all these responses brings back memories of how anxious I was! A few additional tips that helped me: 1. Write down 3-4 key points you absolutely want to make sure you cover, even if the conversation goes in unexpected directions 2. If you get flustered during a question, it's totally fine to say "Let me think about that for a moment" - the judge would rather you give a thoughtful answer than rush through something unclear 3. Keep a glass of water AND some tissues nearby - I didn't expect to get emotional but talking about losing my job was harder than I thought it would be 4. If your employer makes claims during the hearing that you know are false, jot down quick notes so you can address them when it's your turn to respond My hearing ended up lasting about 50 minutes because there were some complex issues around my termination, but the judge was very patient and made sure I had time to explain everything fully. I got my favorable decision exactly 2 weeks later. The most important thing is just being honest and organized. You can tell from all these responses that most people had positive experiences with fair judges. You're going to do great! Please update us after your hearing - this community is so supportive and we're all rooting for you!
Thank you Haley for those additional tips! The point about writing down key points to cover is really smart - I can see how it would be easy to get sidetracked during the conversation and forget important details. I especially appreciate the advice about taking a moment to think if I get flustered. I'm definitely the type of person who rushes to answer when nervous, so reminding myself that it's okay to pause will probably help me give better responses. The tissue tip is thoughtful too - I hadn't considered that I might get emotional talking about the job loss, but you're right that it can be harder than expected. It's so encouraging to hear that your judge was patient and gave you time to explain everything fully. This whole thread has been incredibly helpful and supportive - it's amazing how much less scary this process seems now that I understand what to expect. I'll definitely update everyone after my hearing next Tuesday!
I had my hearing about 6 weeks ago and I'm so glad I found threads like this beforehand! One thing I didn't see mentioned yet - make sure you have your Social Security number and claim confirmation number written down somewhere easy to find. The judge asked for both at the very beginning to verify my identity and I almost panicked trying to remember my confirmation number. Also, if you filed your claim online, print out or screenshot the confirmation pages if you still have access to them. The judge asked me to confirm some details from my original application and it was really helpful to have that information right in front of me. My hearing was actually shorter than I expected - only about 25 minutes - but that was because my case was pretty straightforward (layoff due to company downsizing). The judge asked about my employment dates, my job duties, exactly how I was notified about the layoff, and whether I had received any severance pay. One last tip: if you're calling from a cell phone, make sure it's fully charged and maybe have a charger plugged in nearby just in case. Nothing would be worse than having your phone die in the middle of the hearing! You're going to do amazing on Tuesday - the fact that you've prepared so thoroughly already shows you're taking this seriously. Looking forward to hearing your good news!
Mila Walker
I'm dealing with this exact anxiety right now! Filed my claim two weeks ago and just realized I might have put down the wrong separation date - I was laid off on a Wednesday but think I accidentally put Thursday because I was so frazzled filling everything out. Reading through everyone's experiences here has been such a huge relief though. It sounds like these honest mistakes are totally normal and the DOL has processes to handle them. I'm definitely going to take the advice about calling with all my correct information written down ahead of time. Has anyone had success using the online portal for corrections, or is calling really the best way to go? The phone wait times are intimidating but it sounds like it's worth it to talk to an actual person.
0 coins
Vanessa Figueroa
•I've used both the online portal and phone calls for corrections, and honestly calling was much more effective for me. The online portal can be a bit confusing to navigate and sometimes corrections get lost in their system. When you call, you get immediate confirmation that your correction was recorded properly. The wait times are definitely frustrating, but I found calling first thing in the morning (around 8 AM) or mid-afternoon worked better than lunch hours. A one-day difference in separation date like yours is super minor and exactly the kind of thing they see all the time - don't stress too much about it! Just have your correct date ready and maybe a quick explanation of why the mix-up happened.
0 coins
Liam Fitzgerald
I went through this same panic about 8 months ago when I realized I had mixed up my gross and net weekly wages on my initial application. The anxiety was eating me alive! Here's what I learned from my experience: First, take a deep breath - the NYS DOL processes thousands of these corrections every month. I ended up calling their customer service line (took about 45 minutes on hold, but I got through around 10 AM on a Tuesday). The representative was incredibly patient and walked me through exactly how to submit a wage correction. She explained that wage discrepancies are flagged during their routine employer verification anyway, so being proactive actually speeds up the process rather than delays it. The correction took about 2-3 weeks to fully process, but my benefits weren't interrupted at all. My biggest piece of advice: gather all your pay stubs and employment documents before calling so you have the exact correct information ready. Also, don't let the "under review" status freak you out - that's completely normal and doesn't indicate there's a problem. You're going to be fine!
0 coins
Jamal Harris
•This is so reassuring to hear from someone who went through the exact same wage mix-up! I've been absolutely spiraling about potentially getting my gross and net wages confused too. The detail about calling around 10 AM on a Tuesday is really helpful - I've been trying to call during my lunch breaks but that's probably peak time. It's such a relief to know that wage discrepancies get flagged during employer verification anyway, so being proactive actually helps rather than hurts. I'm definitely going to gather all my pay stubs before calling like you suggested. Thank you for sharing your experience - it's exactly what I needed to hear to stop the anxiety spiral!
0 coins