New York Unemployment

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I work for a local employment attorney's office and see misclassification cases like this all the time. The factors you mentioned - company laptop, required office hours, controlled schedule - are textbook signs of employee misclassification. NYS Department of Labor uses what's called the "ABC test" to determine worker status, and it sounds like your situation would fail at least parts B and C (work integral to business, work performed as regular occupation). I'd recommend filing for the employment status determination immediately - you can do this online through the NYS DOL website or call their employer services line. While waiting for that decision, also consider filing for other assistance programs through your local DSS office. Document everything: emails about schedules, the laptop agreement, any training they provided, how they directed your daily tasks. The more evidence you have of their control over your work, the stronger your case will be. Don't let them get away with avoiding payroll taxes and UI contributions at your expense!

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@Ezra Collins This is incredibly helpful information, thank you! I had no idea about the ABC test that NYS Department of Labor uses. It sounds like my situation would definitely fail those parts you mentioned since my work was integral to their marketing operations and this was my main occupation. I m'going to look up their website right now to start the employment status determination process. Do you happen to know roughly how long these determinations typically take? I m'trying to plan financially for the waiting period. Also, when you mention filing for other assistance through DSS - is that something I can do while my employment status is still being determined, or should I wait until after? I really appreciate you taking the time to explain this from a legal perspective - it makes me feel much more confident about moving forward with my case.

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Drake

I'm so sorry you're going through this - it's frustrating how many companies try to avoid their responsibilities by misclassifying workers. Based on everything you've described (company laptop, required office hours, controlled schedule), you have a really strong case for being misclassified as a contractor when you should have been treated as an employee. I'd definitely start the employment status determination process with NYS Department of Labor right away since it can take several weeks. In the meantime, don't forget to apply for any emergency assistance programs in your county - many have rent relief or food assistance that can help while you're waiting. Also, start gathering every piece of documentation you can find: emails about schedules, any employee handbook or policies they gave you, training materials, the laptop agreement, anything showing how they controlled your work methods rather than just setting deadlines. The more evidence you have of their control over HOW you worked (not just WHAT you delivered), the stronger your case will be. You worked there regularly and they treated you like an employee - you absolutely deserve unemployment benefits!

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@Drake Thank you so much for the encouragement! It's really overwhelming to navigate all this when you're already stressed about losing income, but hearing from people like you who understand the situation makes such a difference. I'm definitely going to start the documentation process today - I already found several emails where they specified my exact work hours and methods for handling client campaigns, which sounds like exactly the kind of control evidence I need. Do you know if there's a specific timeline I need to follow for filing the employment status determination? Like, does it need to be within a certain number of days after my contract ended? I want to make sure I don't miss any deadlines while I'm gathering all this documentation. Also, I really appreciate the reminder about county assistance programs - I hadn't even thought of that but it could really help bridge the gap while waiting for the determination.

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The unemployment system is so frustrating!! They make it seem like once you quit you're automatically screwed but there are definitely exceptions. I know someone who quit because their boss was making racist comments and they got approved after the investigation. Just be really detailed about WHY you had to leave when you file.

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I went through something similar about 6 months ago. The key thing I learned is that NYS DOL really does look at each case individually when it comes to voluntary quits. Mental health issues caused by a toxic work environment can definitely qualify as good cause, but you need to be prepared to explain how you tried to address the problems first. Did you talk to HR, your supervisor, or document any incidents? Even if you don't have tons of written evidence, they'll still review your case. I'd recommend filing the claim and being very thorough in explaining the timeline of events that led to your decision to leave. The worst they can do is deny it, but you might be surprised - and you can always appeal if needed.

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This is really encouraging to hear from someone who actually went through the process recently. I'm curious - how long did it take for them to make a decision on your case after you filed? And did you end up needing to do a phone interview or anything like that to explain your situation in more detail?

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Just wanted to add that if you're getting your unemployment via debit card instead of direct deposit, those delays can sometimes be even longer during holidays. The card issuer (KeyBank for NYS) has their own processing schedule on top of the DOL's schedule. I learned this the hard way last Veterans Day when my payment was delayed an extra day beyond what I expected. If you're in a tight spot financially, it might be worth calling KeyBank directly to ask about their holiday processing schedule too.

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Oh wow, I didn't realize the debit card could have even longer delays! That's really good to know. I use direct deposit but my friend uses the KeyBank card and she's always complaining about delays. I'll definitely pass this info along to her. It's crazy how many different layers of processing can affect when we actually get our money.

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I've been getting my unemployment payments for about 6 months now and can confirm what others are saying about holiday delays. The payments definitely get pushed to the next business day when there's a federal holiday. One thing I learned is to always check the DOL website or your online account dashboard - they usually post a notice about holiday payment schedules a few days in advance. It's saved me from panicking when my payment didn't show up on the expected day. Also, if you're really tight on money during these delays, some food banks and emergency assistance programs understand these timing issues and can help bridge the gap.

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This thread has been incredibly eye-opening! I was literally about to cancel my flight to my cousin's wedding in Spain because I was so scared about the unemployment implications. Reading everyone's real experiences with being honest upfront to DOL and using claimyr.com to actually get through has completely changed my perspective. It's amazing how consistent everyone's positive outcomes have been when they followed the proper process - report travel, don't certify overseas, accept the temporary pause. I was getting so overwhelmed by all the fraud horror stories online, but hearing from actual people who've navigated this successfully is exactly what I needed. Family weddings are such precious moments and it sounds like DOL totally understands that when you're transparent. Definitely calling them tomorrow to report my travel dates properly. Thank you all for sharing your experiences - this community support has been a lifesaver! 🇪🇸💒

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@Luca Conti Spain wedding is going to be absolutely amazing! 🇪🇸 I m'so glad this thread helped you too - I was in the exact same headspace about potentially canceling travel over unemployment fears. It s'incredible how many people here have successfully navigated international travel by just being honest with DOL. The consistency across all these stories really shows that following the proper process report (travel, don t'certify overseas, accept temporary pause leads) to positive outcomes every time. I was also getting freaked out by random online horror stories, but real experiences from this community are so much more valuable. Cousin weddings are such special celebrations - you definitely made the right choice to go! Hope your call with DOL goes smoothly and that you have the most incredible time in Spain! 💕✈️

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This thread has been such a blessing! I'm dealing with the exact same situation - my sister's wedding in Greece is in 3 weeks and my claim has been pending since January. I was literally having panic attacks thinking I'd have to miss her big day because of unemployment complications. But reading through everyone's real experiences here has completely calmed my nerves. The consistent pattern is so clear: call DOL using claimyr.com to actually get through (seems worth every penny of that $20!), be 100% transparent about travel dates, don't even think about certifying from overseas, and accept the temporary pause. It's incredible how understanding they actually are about family situations when you're honest upfront vs all the scary fraud stories floating around online. I was so worried they'd see any travel as automatic disqualification, but it sounds like they totally get that life events happen. My sister would never forgive me if I missed her wedding over this! Calling DOL tomorrow to report everything properly. Thank you everyone for sharing your stories - this community support has been absolutely incredible! Greece wedding here I come! 🇬🇷💕

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I'm in almost the exact same boat! I lost my main consulting client last month and I'm surviving on a small retainer that pays about $300/week - not nearly enough to cover my expenses. Reading through all these responses has been so helpful because I was completely confused about whether I could even apply. The information about partial benefits and the timing of when to report earnings vs when you actually get paid is crucial. I had no idea about the 25% deduction formula or the $50 threshold that several people mentioned. I've been putting off applying because I assumed any contract income would automatically disqualify me, but now I realize I'm probably missing out on benefits I'm entitled to. I also had W-2 employment before going freelance, so hopefully that will work in my favor. Going to apply online this week and definitely try that Monday 8 AM call tip to speak with an actual agent. Thanks everyone for sharing your real experiences - this thread is worth its weight in gold for anyone dealing with mixed employment situations!

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@Kingston Bellamy I m'so glad you found this thread helpful too! Your situation with the $300/week retainer sounds really similar to what a lot of us are dealing with. It s'crazy how many people are in this exact same boat - losing main clients but having small ongoing work that doesn t'cover basic expenses. The whole partial benefits system seems like it was designed for situations exactly like ours, but the NYS Department of Labor doesn t'make it easy to understand. I was also putting off applying for the same reason - thought any income would disqualify me completely. But after reading everyone s'experiences here, especially the people who actually got through to speak with agents, it s'clear that we re'probably missing out on money we re'entitled to. The Monday 8 AM call strategy seems to be the golden ticket for actually reaching a human. Definitely going to try that myself. Good luck with your application - hopefully we can both get some financial relief while we rebuild our client bases!

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Amara Eze

I'm dealing with a very similar situation and this thread has been a lifesaver! Just wanted to share what I learned from finally getting through to NYS Department of Labor yesterday after trying the Monday 8 AM tip. The agent confirmed everything people are saying here about partial benefits - you can absolutely collect with ongoing contract work as long as your weekly earnings are below your benefit amount. She walked me through the calculation: you can earn up to $50 without any reduction to benefits, then they deduct 25% of anything above that from your weekly payment. So if your benefit is $400/week and you earn $200 from contracts, you'd get $400 - ($200-$50 x 0.25) = $362.50. The agent also stressed that you MUST report income for the week you performed the work, not when you get paid - this seems to be the #1 thing that trips people up. She said to keep detailed records of work dates and be completely honest on weekly certifications. Having prior W-2 employment definitely helps establish your claim. I ended up qualifying and just received my first partial payment. Don't let small contract income stop you from applying - the system is literally designed for situations like ours where we're underemployed but still working. Hope this helps!

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@Amara Eze This is incredibly helpful - thank you for sharing the actual calculation formula! That math breakdown makes so much more sense than trying to figure it out from the vague official documentation. Getting $362.50 instead of $400 when you re'earning $200 from contract work is way better than I expected. I was worried the deduction would be dollar-for-dollar. The Monday 8 AM tip really seems to be the secret to actually reaching someone who knows what they re'talking about. I m'definitely going to try calling next week with this exact scenario. It s'so encouraging to hear from someone who actually went through the whole process and is now receiving payments. The emphasis on reporting for when work is performed vs when paid keeps coming up - I ll'make sure to track that carefully. Thanks for taking the time to share your success story - it gives the rest of us hope that this will actually work out!

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