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I'm going through the exact same thing right now - filed my application 8 days ago after being laid off from my job at a local restaurant and I'm still seeing "claim under review" status. The financial stress is really getting to me since I have rent due next week. What I've learned from calling (when I could actually get through) is that they're just really backlogged right now. The representative told me that as long as you were laid off or terminated through no fault of your own, and you have sufficient work history, you should be fine - it's just a matter of them getting through all the applications. Keep filing those weekly certifications even while waiting, because once approved they'll pay you retroactively for all the weeks you certified. Hang in there!
Thanks so much for sharing your experience, Nia! It's really reassuring to hear from someone going through the exact same timeline. The retroactive payment info is especially helpful - I didn't realize they would pay back for all the weeks you certified while waiting. That takes some pressure off knowing I won't lose those weeks even if the approval takes longer. I'm going to try calling again tomorrow to see if I can get any update, but it sounds like patience is really the key here. Hope we both hear back soon!
I just wanted to add my experience for anyone else going through this - I filed my unemployment claim about 3 weeks ago and finally got approved yesterday! My status changed from "claim under review" to "approved" and I received my first payment the next day. The whole process took exactly 21 days from when I submitted my initial application. During the waiting period, I kept up with my weekly certifications like everyone suggested, and they did pay me retroactively for all those weeks. I know the waiting is incredibly stressful, especially when you're worried about rent and bills, but try to stay patient. The system works, it just takes time. Make sure all your information is accurate and keep certifying weekly - that's really all you can do while they process everything.
Congratulations Zara! This gives me so much hope. I'm on day 9 of waiting and was starting to panic, but hearing that yours took exactly 21 days and then you got paid the next day is really encouraging. The retroactive payment for all the weeks you certified is such a relief to know about - I was worried I might lose those weeks if the process dragged on. Thanks for taking the time to share your timeline, it really helps those of us still waiting to have realistic expectations.
UPDATE: Success! After trying for days, I finally got through this morning. For anyone else struggling, here's what worked for me: 1. Called at exactly 8:00am 2. Used the menu sequence that people suggested here (1-5-2-1) 3. Still got disconnected 3 times 4. On the 4th try, got put on hold for 1.5 hours but FINALLY spoke to someone They fixed my issue in about 10 minutes once I got through. Apparently there was a "verification flag" on my account that needed to be removed. Thanks everyone for your help!
Congrats on getting through! I'm dealing with a similar situation right now - been calling for 2 weeks with no luck. Can I ask what time zone you're in? I want to make sure I'm calling at the right 8:00am (Eastern I assume?). Also, when you say you used the 1-5-2-1 sequence, did you wait for each menu to fully play out or did you press the numbers quickly? I've been pressing buttons too fast and wondering if that's part of my problem.
Yes, it's Eastern Time! And I learned the hard way that you need to wait for each menu option to finish before pressing the next number. When I was pressing buttons too quickly, it would sometimes kick me back to the main menu or disconnect me entirely. Give each prompt about 2-3 seconds to register before hitting the next number in the sequence. Also, make sure your phone volume is up so you can hear if the system is actually accepting your inputs. Good luck - persistence really does pay off!
The whole NYS Department of Labor appeal system is a joke honestly. They side with employers like 90% of the time no matter what evidence you have. I filed an appeal last year for wrongful termination and even with a hostile work environment documented they still denied me. But you should still try because occasionally they do the right thing.
I just went through the appeal process successfully a few months ago! One thing that really helped me was writing a detailed timeline of events leading up to my termination. Include dates, times, and any witnesses present when you reported the unsafe conditions. Also, if you have any photos or documentation of the unsafe conditions, definitely include those. The Administrative Law Judge seemed really interested in the fact that I had tried to address the issues internally first before being terminated. Don't give up - retaliation for reporting safety issues is taken seriously in these hearings. Make sure to emphasize that the "poor performance" claims only came up after you complained about safety.
Adding to what others have said - one thing that caught me off guard was that the exemptions can change if your business grows. For example, if you start as a family business employing only relatives but later hire outside employees, you might lose that exemption status. Also, some exemptions have annual wage thresholds that reset each year, so you need to monitor your payroll carefully. I'd recommend keeping detailed records from day one and maybe consulting with a payroll specialist who knows NYS Department of Labor requirements inside and out. It's one of those areas where being proactive can save you major headaches down the road.
This is really helpful advice about monitoring changes in exemption status! I hadn't thought about how hiring non-family members later could affect my current exemption. Do you know if there's a grace period when you transition from exempt to non-exempt status, or do you have to register immediately once you cross that threshold?
As someone who just went through the registration process, I can tell you that you typically need to register within 30 days of meeting the liability requirements - there's no grace period once you cross the threshold. The NYS Department of Labor is pretty strict about this timeline. I'd recommend setting up a quarterly review of your payroll to track when you might hit those thresholds (like the $300 per quarter per employee rule). That way you can register proactively rather than scrambling after the fact. Also, even if you think you qualify for an exemption, it's often safer to register anyway since the penalties for late registration are much worse than just paying the taxes from the start.
Fatima Al-Qasimi
Thanks for all the helpful info everyone! I'm definitely going to set up automatic withholding to avoid a nasty surprise at tax time. For anyone else wondering about the math - at $504/week that's about $26,208 if you collect for a full year. Using a standard tax calculator and assuming you're single with no other major deductions, you're probably looking at around 12-22% federal tax rate plus NY state taxes. So Mateo's 25% rule seems pretty reasonable. Better safe than sorry!
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GalacticGuardian
•That's really helpful math, thanks for breaking it down! Just to add - if you're planning to collect unemployment for less than a full year, you can obviously adjust that calculation. Also worth noting that if you had taxes withheld from your regular job earlier in the year, that might reduce what you owe on the unemployment benefits. The IRS treats it all as one big income pool, so your total tax liability depends on your combined income from all sources. Definitely agree with the 25% rule though - I've been setting aside 30% just to be extra safe!
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Paloma Clark
Just wanted to share my experience - I've been collecting NYS unemployment for about 6 months now and initially didn't have any taxes withheld. Big mistake! When I finally did the math halfway through, I realized I was going to owe around $3,000 at tax time. I immediately called (well, tried to call) NYS Department of Labor to set up withholding but like others mentioned, getting through was nearly impossible. I ended up using that Claimyr service someone mentioned and was able to get my withholding set up within a few days. Now I have 10% federal and the 2.5% state automatically taken out. It's definitely worth the peace of mind, even if it means smaller weekly payments. Don't wait like I did - set it up from the beginning if you can!
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Megan D'Acosta
•Thanks for sharing your experience Paloma! This is exactly what I was worried about - owing thousands at tax time. I'm definitely going to try to set up withholding ASAP. Quick question though - when you say you have 10% federal withheld, is that 10% of your total benefit amount or 10% of what your estimated tax liability would be? I want to make sure I'm withholding enough but not too much. Also really appreciate the Claimyr recommendation - seems like that's the only way to actually reach someone at NYS Department of Labor these days!
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