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Old 01-15-2012, 03:52 PM
 
5 posts, read 32,230 times
Reputation: 13
Default NY Unemployment - Unpaid Waiting Week Question

Hi there,

I lost my job right after xmas (laid off). Like most, it hit me like a ton of bricks. I have never filed for unemployment before, ever.

I went ahead and filed as soon as I could - like it states on the NYDOL web site. Not too long after, I received a notice in the mail stating I was approved for benefits but needed to validate my unpaid work week first. Honestly, I was totally shellshocked by everything that had happened, I was pretty much useless that first week (the unpaid wait week). So, when it came time to certify my benefits for the unpaid week, I answered honestly - that I didn't look for work that week. I assumed the wait week would just extend another week....So, I log on today to certify benefits and it says I must now call the NYDOL. Also got a letter in the mail stating this:
"You recently certified for unemployment benefits for the week ending XX/XX/XX. Because your responses resulted in no credit towards your unpaid waiting week, your claim is not valid. You may file a new claim during the first week in which you work less than 4 days and earned less than $405 gross. To file a new claim, call...."

Did I just screw myself out of collecting future weeks for being honest??? If I call, will this likely be straightened out??
Like I said, this is all new to me...I just felt like I needed some time to step back and think about what had happened and my situation....I just figured I'd loose the benefits for that week only....but didn't think it would jeapordize my entire claim. UGH! Anyone?

Thanks in advance for any help!
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Old 01-15-2012, 03:56 PM
 
Location: Wisconsin
13,849 posts, read 17,832,289 times
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This will be straightened out if you call. You will be required to serve another waiting week. Essentially, the original claim was invalidated. No biggee, but you do need to start all over.
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Old 01-15-2012, 04:01 PM
 
5 posts, read 32,230 times
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Thanks for responding!
Will I need to file all the paperwork again or will they just resubmit the information they already have on file for the claim?
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Old 01-15-2012, 04:06 PM
 
Location: Wisconsin
13,849 posts, read 17,832,289 times
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Don't know the answer to that.
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Old 01-15-2012, 04:07 PM
 
5 posts, read 32,230 times
Reputation: 13
Thanks for taking the time to answer!
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Old 01-21-2012, 01:46 PM
 
1 posts, read 9,741 times
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Did you have to file all the paperwork again? How long till you'll receive benefits? I'm going through a similar situation. I claimed that I received vacation pay for one week. But it was sick pay, actually. Now I think the DOL considers that a work week. I have to call them to straighten out the situation. Will I lose a week?

Thanks.
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Old 01-21-2012, 01:59 PM
 
Location: Wisconsin
13,849 posts, read 17,832,289 times
Reputation: 6477
Quote:
Originally Posted by Echo Three View Post
Did you have to file all the paperwork again? How long till you'll receive benefits? I'm going through a similar situation. I claimed that I received vacation pay for one week. But it was sick pay, actually. Now I think the DOL considers that a work week. I have to call them to straighten out the situation. Will I lose a week?
No, you don't file additional paperwork. You also don't lose a week in benefits. You are not paid benefits for weeks in which you received sick/vacation pay. Your monetary determination remains the same. You begin receiving benefits one week later, that's all. You will still collect all your weeks.

The DOLs view vacation/sick pay as income and therefore you do not need unemployment benefits for those weeks covered by vacation/sick pay.

Also, NY does have a one-week waiting period which would be separate and apart from the vacation/sick pay income. So, you may very well wait several weeks before receiving your first unemployment benefit payment.

Last edited by Ariadne22; 01-21-2012 at 02:09 PM..
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