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I've been working as a nanny for a family in Westchester for about 8 months now and just found out I might be eligible for unemployment benefits if they let me go. But I'm really confused about how this works - who actually pays into the unemployment system for nannies? Is it the family I work for or do I pay something myself? The family pays me $18/hour and gives me a 1099 at the end of the year, but someone told me that might not be right for a nanny position. I'm worried because if I lose this job I won't have any income and need to know if I can file for unemployment through NYS Department of Labor. Can anyone explain how this works?
I'm really confused about something on my NYS Department of Labor weekly claim certification. I've been working part-time at a retail job for 8 hours a week making $12/hour, but I used to work full-time as an office manager making $22/hour before I got laid off in December. When I file my weekly claims, I report my part-time earnings but I'm not sure if my situation counts as unemployment or underemployment? Does it make a difference for my benefits? I'm worried I'm answering the questions wrong and might mess up my claim status. The my.ny.gov portal doesn't really explain this clearly.
Wait I'm confused about something similar - if I'm working 35 hours a week but making way less than my old job, do I still qualify for anything? I thought unemployment was only if you're completely out of work.
I went through this exact same situation when I was laid off from my administrative job and picked up part-time hours at a grocery store. The NYS Department of Labor considers you partially unemployed, not fully unemployed, but you still qualify for benefits. The important thing is to report every penny you earn during your weekly certification - they'll automatically calculate how much your benefit gets reduced based on your part-time wages. I found it helpful to keep a simple log of my hours and earnings each week to make sure I was reporting accurately. Also, don't forget you can earn up to a certain amount (I think it's around $143 per week) without any reduction to your benefits at all.
I submitted my unemployment application about 2 weeks ago and I'm getting really confused about what's happening with it. My account shows some kind of status but I honestly can't tell if it means I was approved or denied. There's no clear message saying YES or NO anywhere that I can find. I've been doing the weekly claims just in case, but I haven't received any payments yet. Should there be some kind of official letter or email telling me definitively if I was denied? What exactly should I be looking for in my account to know for sure?
I went through this same confusion earlier this year! In addition to what others mentioned, you can also try logging into your NY.gov account and looking under "My Online Services" - sometimes the determination letters show up there first before being mailed. Also, if you're able to certify for weekly benefits and haven't been blocked from the system, that's usually a positive sign. The 2-week timeframe is still pretty normal for processing, especially if they need to verify employment with your previous employer. Keep doing those weekly certifications even if you haven't gotten a clear answer yet - you don't want to miss any potential back pay if you do get approved!
Another thing to check - if you can see a "Weekly Benefit Amount" listed anywhere in your account (even if it says $0), that usually means your claim went through initial processing. Also, make sure you didn't miss any requests for additional documentation. Sometimes they'll send a message asking for pay stubs or separation paperwork and if you don't respond within 10 days, it can hold up your claim indefinitely. The fact that you can still file weekly claims is definitely encouraging though - when claims are outright rejected, they typically block you from filing at all.
Those documentation requests usually show up in a few places - definitely check the correspondence/messages section in your unemployment account, but also look for any "Action Items" or "To Do" sections if your portal has those. Sometimes they'll also send them to the email address you used when you registered, so check your spam folder too. The requests are usually pretty obvious when they appear - they'll have titles like "Additional Information Needed" or "Document Upload Required" with specific deadlines. If you haven't seen anything like that after 2 weeks, you're probably good on that front. Just keep checking regularly since they can pop up at any time during the review process!
Document requests typically show up in a few places - definitely check the correspondence/inbox section, but also look for a "To Do" list or "Required Actions" section in your account. Sometimes they'll also send a separate email to whatever address you used when filing. The requests are usually pretty obvious when they appear - they'll have titles like "Wage Verification Needed" or "Separation Information Required." If you haven't seen anything like that after 2+ weeks, you're probably fine on that front. Just keep an eye out going forward since they can pop up even weeks after filing if they need to verify something with your employer.
I'm thinking about filing for unemployment benefits but I'm worried about what my old company will find out. Does the NYS Department of Labor automatically contact your previous employer when you submit your initial claim? I left on somewhat bad terms and don't want them knowing I'm collecting benefits if possible. Also wondering if they can contest my claim even if I quit for good cause (hostile work environment). Anyone know how this process actually works?
So basically there's no way to file without your employer knowing? That really sucks for people in toxic situations who might face retaliation...
I went through this exact situation last year after leaving a toxic workplace. Yes, your employer gets notified automatically - there's no way around it. The notice they receive includes basic info like your claim date and employment period, but not detailed reasons why you're claiming benefits. However, if they contest it (which they might if you quit), then the specifics come out during the hearing process. I'd recommend documenting everything you can about the hostile work environment before filing - save emails, texts, write down incidents with dates, get witness contact info if possible. The good news is that if you truly have good cause, NYS does recognize hostile work environment as valid grounds for quitting. Just be prepared for a potentially lengthy appeals process if your employer fights it.
Had a scheduled virtual unemployment meeting today but nobody from the unemployment office showed up. Been waiting over an hour. Not sure what to do next since I can't afford to miss these meetings. Anyone else deal with this?
This is so frustrating! I had a similar experience last month - waited for over an hour and nobody showed. What worked for me was immediately filing a complaint through the NY DOL website under "Contact Us" and selecting "Technical Issues." They actually responded within 24 hours and rescheduled me. Also make sure to screenshot your confirmation email and the meeting link showing you were there on time. That documentation saved me when they tried to say I was a no-show initially.
Dylan Cooper
Just want to add that even if you were misclassified as a 1099 contractor, you might still be able to get unemployment benefits. NYS Department of Labor will look at the actual working relationship, not just how you were paid. Things like: did the family control your work schedule, provide supplies, tell you how to do the job, etc. Those factors usually point to employee status for nannies.
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Jungleboo Soletrain
This is really concerning - sounds like your family might owe back unemployment taxes to NYS Department of Labor if they've been misclassifying you all this time. At $18/hour for 8 months, you're definitely over that $500 quarterly threshold. I'd recommend documenting everything about your work arrangement (schedule, how they direct your work, etc.) in case you need to prove employee status later. The good news is that even with misclassification, you should still be eligible for unemployment benefits once NYS Department of Labor reviews your case. Just be prepared that it might take longer to process than normal claims.
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