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I went through this exact same nightmare last year - stuck in "pending" hell for almost 2 months after getting laid off from my retail job. What finally worked for me was a combination approach: I used the early morning calling strategy (7:58am sharp on Tuesdays/Wednesdays) AND contacted my assemblyperson's office as backup. The assemblyperson route took about a week but their unemployment liaison actually called me directly and got everything sorted. Also want to echo what others said about being super polite to the agents - they really do try to help when you're not screaming at them. Hang in there, I know it feels hopeless but you WILL get through this!
Thank you so much for sharing your experience! It's really encouraging to hear that someone else made it through this nightmare. I'm going to try the 7:58am Tuesday strategy tomorrow morning and also look up my assemblyperson. Two months sounds awful but at least there's light at the end of the tunnel. Really appreciate the reminder about being polite too - I'm so frustrated but you're right, the agents aren't the problem here.
I'm so sorry you're going through this - the NY unemployment system is absolutely brutal. I've been in a similar situation and know how desperate it gets when you're down to your last few dollars. From reading through all these responses, it sounds like you have some solid options to try: the 7:58am Tuesday calling strategy seems to work for multiple people, and the assemblyperson route appears to be a reliable backup plan. The Claimyr service gets mentioned a lot too - while it costs money, it might be worth it if you can swing it since getting your benefits unlocked would more than pay for itself. Whatever you decide to try, document everything and don't give up. The system is designed to be frustrating but people DO get through eventually. Rooting for you!
The whole system is ridiculous!! I've been trying to figure this out for months and every person gives me different answers. Some say you can't get unemployment at all while on workers comp, others say you can if you're cleared for light duty. NYS Department of Labor needs to make this clearer on their website instead of making people guess!
I went through something similar last year with a knee injury from a warehouse job. The key thing to understand is that NY generally doesn't allow you to collect both simultaneously because workers comp assumes you're unable to work, while unemployment requires you to be able and available for work. However, there's a narrow exception if you're medically cleared for light duty work but your employer can't or won't provide it. In that case, you might be eligible for partial unemployment benefits. You'd need documentation from your doctor showing you can do some type of work, and proof that your employer has no suitable positions available. I'd strongly recommend getting this in writing from your employer before applying, as it protects both your workers comp case and any potential unemployment claim.
This is really helpful information! So if I understand correctly, I would need to get written documentation from my doctor saying I can do light duty work, and then also get something in writing from my employer saying they don't have any light duty positions available? That sounds like it might be the path forward for me since my doctor mentioned I might be cleared for desk work or light tasks soon, but my construction company definitely doesn't have anything like that.
just keep filing every week and eventually it will go through, took mine like a month to get approved but I got all the back pay
@Paolo Conti - I went through the exact same thing last year! The key points everyone mentioned are spot on: 1) Keep filing your weekly claims even while pending - this is crucial! 2) NY has no waiting period, so you're eligible from week 1 if approved 3) The pending status is normal while they verify everything. One thing that helped me was checking my online account regularly for any requests for additional documents - sometimes they ask for pay stubs or separation paperwork and if you miss those requests it delays everything even more. Also make sure you're documenting your job search activities because they can ask for that info during the review process. Hang in there, it's stressful but once it gets approved you should get all the back pay for the weeks you've been filing!
@Emma Thompson This is really helpful advice! I didn t'realize they might request additional documents during the review - I ve'been checking my account but maybe not frequently enough. Quick question - when you say documenting "job search activities, do" you mean keeping a list of where you applied? I ve'been applying to jobs but haven t'been keeping detailed records. Should I start doing that now even though my claim is still pending?
wait so if my claim expired do I lose all my remaining weeks?? I thought I had like 10 weeks left when it ended in November
Just went through this process myself a few months ago. One tip that really helped - before you file the new claim, gather all your W-2s and 1099s from the past 18 months, not just since your last claim ended. NYS Department of Labor looks at your entire recent work history to determine your new benefit amount. Also, if you worked in multiple states during that time, you might need to file in the state where you earned the most wages. The online system will walk you through it, but having all your documents ready makes it much smoother.
This is really helpful advice! I'm in a similar situation and hadn't thought about gathering documents going back 18 months. Quick question - when they calculate the new benefit amount, do they use the higher of your old benefit amount or the new calculation based on recent wages? Or is it always based on the new calculation regardless of what you were getting before?
Dallas Villalobos
The NYS Department of Labor publishes industry rate schedules but they're not super easy to find on their website. Your best bet is to call their employer services line directly - they can tell you the starting rate for your specific NAICS code over the phone. When I was planning my business budget, I also reached out to other business owners in my industry through local business associations to get real-world examples of what they were paying. Most were pretty open about sharing their experience once I explained I was just starting out. Also worth noting that if you're planning to use contractors vs employees, that completely changes the unemployment insurance picture since you typically don't pay UI on 1099 contractors.
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Leo Simmons
•Great point about contractors vs employees! That's actually a huge consideration for new businesses. I'm planning to start with mostly 1099 contractors initially to keep overhead lower, but wasn't sure about the UI implications. Do you know if there are any gotchas with worker classification that could accidentally trigger UI obligations? I've heard the state can be pretty strict about who qualifies as an independent contractor vs employee.
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Madison King
•@Leo Simmons Yes, NYS is really strict about worker classification! They use the ABC test - workers are employees unless they meet ALL three criteria: A (free) from control in performing work, B (work) is outside your usual business, and C (they) have an independent trade/business. If you misclassify, you could owe back taxes plus penalties. I d'definitely recommend getting a lawyer to review your contractor agreements before hiring anyone. The Department of Labor does audits and they re'not fun to deal with after the fact.
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Dominique Adams
One thing I learned the hard way is that even if you start as a new employer at around 4.1%, you need to stay on top of your quarterly reporting deadlines or you'll get hit with penalties that can push your effective rate higher. The NYS Department of Labor requires quarterly wage reports and tax payments, and they're pretty strict about the deadlines - usually the last day of the month following the end of each quarter. I missed one deadline by two days in my second year and got slapped with a $50 penalty plus interest. Also keep in mind that if you're seasonal or have irregular staffing, it might be worth talking to an employment attorney about strategies to minimize claims impact on your future rates. Some industries have specific rules about seasonal workers that can affect your experience rating.
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Ryder Ross
•That quarterly reporting deadline info is super valuable - thanks for sharing that hard-learned lesson! I'm curious about the seasonal worker rules you mentioned. My business will likely have some seasonal fluctuations (busier in summer, slower in winter) but not completely seasonal. Do you know if there's a threshold for what qualifies as "seasonal" versus just having natural business cycles? I want to make sure I understand all the potential impacts on my experience rating from the start.
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