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same boat here!! got laid off from my restaurant job and hoping unemployment covers at least my rent. this whole thing is so stressful
Just went through this process myself! At $65k annually, you're looking at roughly $1,250 per week before taxes. In NY, you'll likely hit the maximum weekly benefit of $504 since the formula caps out around that level for higher earners. The good news is that overtime definitely counts - they look at ALL wages reported during your base period. One tip: file your claim online at ny.gov as soon as possible since there's a one-week waiting period before payments begin. Also keep detailed records of your job search activities since NY requires you to document your work search efforts. The process can be overwhelming but the benefits do help bridge the gap while you're looking for your next opportunity!
I was in a very similar situation about 3 months ago and want to echo what everyone else is saying - definitely file your claim right away! I got terminated for what my employer called "misconduct" but it was really just a disagreement over how I handled a workplace safety concern. I was so worried that the misconduct label would automatically disqualify me, but after reading experiences like the ones shared here, I decided to apply anyway. The NYS DOL adjudicator was incredibly thorough and fair - they spent almost 30 minutes on the phone with me asking about the specific incident, my safety training, my work history, and really gave me a chance to explain that I was acting in what I believed was the best interest of workplace safety. They also contacted my employer for their documentation and version of events. The whole process took about 4.5 weeks, but I was approved because they determined that my actions, even if my employer disagreed with them, didn't constitute willful misconduct since I was acting in good faith based on safety concerns. The relief was enormous! The key thing I learned is that the legal standard for misconduct is much higher than just "the employer didn't like what you did." Don't let fear keep you from filing - you have absolutely nothing to lose and everything to gain. Get that application in today!
Your story about the safety concern is really powerful! It shows how employers sometimes label legitimate workplace advocacy as "misconduct" when they disagree with an employee's judgment. The fact that you spent 30 minutes explaining the safety context to the adjudicator and they recognized you were acting in good faith is exactly what gives me hope about this process. It sounds like the DOL really does understand the difference between willful misconduct and employees trying to do the right thing, even when their employer sees it differently. 4.5 weeks seems very reasonable given how thorough they were with your case. Thanks for sharing - stories like yours are exactly what I needed to hear to feel confident about filing!
I've been following this thread closely because I'm dealing with a very similar situation right now. Got fired last month for what my employer is calling "misconduct" but it was really just me questioning a new policy that seemed to contradict our previous training. Reading all these success stories has been incredibly helpful and encouraging! What really stands out to me is how consistent everyone's experience has been - the NYS DOL actually does a thorough investigation and doesn't just rubber stamp whatever the employer claims. The fact that so many people here were able to get approved despite the "misconduct" label gives me a lot of hope. I'm definitely filing my claim this week. For anyone else in this situation who might be reading this thread, it seems like the key takeaways are: 1) File immediately regardless of what your employer calls it, 2) Be completely honest during the adjudication process, 3) Make sure to explain your perspective and the context around what happened, and 4) Remember that legal "misconduct" has a much higher bar than just making a mistake or having a disagreement. Thanks to everyone who shared their experiences - it really makes a difference to hear from people who've actually been through this process successfully!
I'm new to this community but wanted to share my recent experience since it might help. I was terminated from my part-time retail position at Target after 7 months for what they called "attendance issues" - I was late about 6 times due to my other job at a medical office running over with patient appointments. I was really worried about applying for unemployment because I thought being fired would automatically disqualify me, but after reading through this thread I decided to apply anyway. I'm so glad I did! I was approved on my first try without any issues. The key things that seemed to help my case: 1) I was completely honest about the reasons for my tardiness in my application, 2) I emphasized that I was working two jobs to support myself, and 3) I mentioned that my tardiness was due to patient care responsibilities at my other job running over (which shows I was being responsible, not careless). My weekly benefit amount isn't huge since I was only working part-time, but it's definitely helping while I look for a new position. To everyone in similar situations - don't let fear stop you from applying. The worst they can say is no, but you might be surprised by the outcome. The NYS Department of Labor seems to understand that many people work multiple jobs and that legitimate scheduling conflicts can happen.
This thread has been incredibly eye-opening! I'm currently dealing with a similar situation - just got terminated from my part-time job at a local grocery store after 9 months. They cited "performance issues" but honestly I think it was because I couldn't always stay late when they were short-staffed due to my evening classes at the community college. I was working about 20 hours a week at $15/hour while pursuing my associate's degree. Reading everyone's experiences here has completely changed my perspective on applying for unemployment benefits. I had no idea that part-time workers could qualify or that juggling work and school/multiple jobs could actually work in your favor rather than against you. The advice about documenting everything, being honest in the application, and not letting fear of denial stop you from trying really resonates with me. I'm definitely going to gather all my employment records and apply online at labor.ny.gov this week. It's amazing how supportive this community is - thank you all for sharing your stories and making this intimidating process feel much more manageable!
Same boat here - had to close my photography business last year and couldn't get any unemployment. Ended up having to take a retail job just to qualify for benefits if I ever get laid off again. It's backwards but that's how the system works.
Have you considered looking into New York State's other assistance programs while you're figuring out the unemployment situation? The Department of Social Services has programs like SNAP (food assistance) and emergency cash assistance that might help bridge the gap. Also, if you're planning to shut down the LLC, you might want to consult with an accountant about any tax implications - sometimes there are deductions or loss carryforwards that can help reduce your tax burden. It's not unemployment benefits, but every bit helps when cash flow is tight.
That's really helpful advice about looking into other assistance programs! I hadn't thought about SNAP benefits. Do you know if having an LLC (even one that's not making money) affects eligibility for those programs? I'm worried they might see me as "employed" even though I'm making zero income. And yeah, definitely need to talk to an accountant about shutting down properly - don't want to get hit with unexpected tax issues on top of everything else.
PixelWarrior
This is really helpful info! I'm in a similar situation - just started collecting last month and had no idea about the tax implications. Quick question: if I set up withholding now, does it only apply to future payments or can they somehow withhold extra to cover what I've already received without withholding? I'm worried about owing a chunk at tax time like @Amara mentioned.
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Jamal Carter
•Unfortunately, the withholding only applies to future payments - they can't retroactively withhold from what you've already received. But don't panic! You have a few options: you could increase your withholding percentage above the standard rates for future payments to help cover the gap, or make quarterly estimated tax payments to the IRS and NY state for the amount you've already received. I'd recommend calculating roughly what you might owe (10% federal + 3.5% NY state on what you've received so far) and either set aside that money or make an estimated payment. Better to be proactive than get hit with a big bill plus potential penalties later.
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Paolo Longo
Just a heads up for everyone dealing with the phone wait times - I found that calling the Tel-Service line right when they open at 8am tends to have shorter hold times. Also, if you're tech-savvy, the my.ny.gov portal is usually your best bet for making changes to tax withholding since it's available 24/7. I set mine up online in about 5 minutes once I figured out where to navigate. One more tip: keep screenshots of your withholding elections in case there are any discrepancies later - I learned this the hard way when there was a glitch and my withholding didn't take effect for two weeks.
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Alexis Robinson
•That's great advice about calling right at 8am! I've been struggling to get through too. One thing I'd add - if you do use the online portal, make sure to check back in a few days to confirm your withholding election actually took effect. I've heard from a few people that sometimes there can be delays or glitches in the system processing the changes. Also, does anyone know if there's a way to see exactly how much has been withheld so far once you set it up? I want to track this closely so I can adjust if needed.
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