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Make sure you keep detailed records of all your earnings when you report them! I learned this the hard way when they questioned my wage reporting later during an audit.
Thanks everyone for the helpful explanations! I'm still a bit confused about the exact calculation though. Does anyone know if the $504 threshold mentioned earlier is still current? I've been trying to find the most up-to-date info on the NYS DOL website but it's not super clear. Also, when they say "gross wages" - does that include tips if you work in a restaurant or just your base hourly pay?
Great questions! From what I understand, gross wages should include all earnings including tips - you're supposed to report your total income for the week. As for the $504 threshold, I'm not 100% sure if that's still current since these numbers can change. You might want to double-check the NYS DOL website or give them a call to confirm the exact current amounts. I know it's frustrating when the information isn't crystal clear on their site!
I'm a freelancer who's been considering incorporating as an S corp partly for the unemployment benefits eligibility, but after reading all these responses I'm realizing it's way more complicated than I thought! It sounds like even if you structure everything correctly with W-2 wages and proper employment documentation, you still have to prove the closure is truly "involuntary" which seems like a really high bar for business owners. For those who successfully got benefits after appeals - do you think it would have been different if you had just voluntarily decided to close the business for personal reasons vs. being forced to close due to external circumstances? I'm trying to understand if there's ANY scenario where a business owner closing by choice could qualify, or if it's only when you can prove force majeure type situations.
From everything I've read here and researched myself, it really seems like the "involuntary" aspect is absolutely crucial. The cases where people succeeded all involved external forces - client bankruptcies, lease losses, market crashes, etc. I haven't seen any successful cases where someone just decided they were tired of running the business or wanted to pursue other opportunities. The whole unemployment system is built around the idea that you lost work through no fault of your own, so voluntary closure would likely disqualify you even with perfect S corp structure. That said, the line between "voluntary" and "involuntary" can sometimes be blurrier than it appears - like if personal health issues force you to close, or if you literally can't afford to keep operating due to circumstances beyond your control. But yeah, if you're thinking about incorporating just for unemployment eligibility, you'd still need to be in a situation where external factors force the closure rather than it being a personal choice.
This thread has been incredibly helpful - I'm in almost the exact same situation with my IT consulting S corp. Been paying unemployment taxes for 4 years as a 100% owner taking W-2 salary, and now facing potential closure due to my biggest client (60% of revenue) suddenly terminating their contract due to budget cuts. Reading through everyone's experiences, it sounds like I actually have a decent shot at benefits since I can document the involuntary nature of the closure and have been operating as a legitimate W-2 employee. The appeals process timeline of 6-8 weeks is good to know upfront. One question for those who went through this - did NYS require any specific corporate documentation beyond the W-2s and employment records? Like board resolutions about your employment status or anything formal like that? I want to make sure I have everything lined up before filing.
Your situation sounds really promising given that you can document the client termination being completely out of your control! From what I've seen in similar cases, having that kind of clear external cause (especially with 60% revenue loss from one client) really strengthens your position. As for corporate documentation, I'd recommend having your corporate bylaws that establish your role as an employee, any board resolutions that formalize your employment status and salary, and detailed records showing you've been consistently treated as a W-2 employee rather than just taking distributions. Even though you're the sole owner, having formal documentation that shows you established proper employment protocols can help demonstrate you were operating as a legitimate employee. The fact that you've been paying into the system for 4 years as a W-2 employee definitely works in your favor too. Good luck with the process!
One thing that really helped me was practicing beforehand with a friend or family member. Have them ask you the tough questions so you can rehearse staying calm and factual. Also, remember that the interviewer's job is to gather information - they're not trying to trick you, even though it might feel that way. If you genuinely were laid off due to budget cuts and have documentation to back it up, focus on that truth. Don't let your former employer's false misconduct claim make you second-guess what actually happened. Stay confident in your version of events because the truth is on your side.
This is such good advice about practicing beforehand! I'm definitely going to do some mock interviews with my sister this weekend. It's really helpful to hear that the interviewer isn't necessarily trying to trap me - I've been so anxious thinking they're just looking for reasons to deny my claim. Having that email from HR about the layoffs is making me feel more confident that I have solid evidence on my side. Thank you for the encouragement!
Been through this process twice and here's what saved me both times - if they ask about your work performance, focus only on measurable outcomes, not opinions. Say things like "I completed my assigned projects on time" rather than "I was a good employee." Never apologize for anything or say you "should have done better" - that implies fault on your part. And if they ask why you think your employer is contesting the claim, just say "I'm not sure of their reasoning, but I was informed my position was eliminated due to budget constraints" and leave it at that. Don't speculate about their motives or get defensive. Keep it simple and factual.
Don't panic yet! A week is pretty normal for processing. I got laid off from my restaurant job in March and it took about 10 days before I saw 'approved' in my account. Then I had to wait for the debit card to arrive before I could access any money. Make sure you're filing your weekly claims even while waiting for approval - you can backdate them but it's easier to stay current.
I'm in a similar situation - filed my claim about 8 days ago and still seeing "claim processing" status. From what I've read on the NYS DOL website, initial claims can take up to 3 weeks to process depending on their current volume. The key thing is to keep checking your my.ny.gov account and make sure you're certified for benefits each week even while waiting for approval. I've also heard that if they need any additional documentation, they'll request it through your online account rather than calling, so definitely check for any messages or requests in there. Trying to stay patient but it's definitely nerve-wracking when you're counting on that income!
Nia Johnson
the whole system is designed to make it as difficult as possible to get benefits. they hope you'll just give up and find a job before they have to pay you anything. but stick with it, you paid into this system and you deserve the benefits
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Zara Ahmed
•That's pretty discouraging but I appreciate the honesty. I definitely can't afford to give up so I'll just have to be patient with the process.
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Dmitry Smirnov
Just wanted to add that if you're filing online (which I highly recommend), make sure to do it during off-peak hours like early morning or late evening. The NYS DOL website tends to crash or run really slowly during business hours when everyone is trying to access it. I learned this the hard way when I kept getting timed out halfway through my application. Also, save your progress frequently if the system allows it - nothing worse than having to start over because the site kicked you off. The online system is available 24/7 so there's no rush to do it during the busiest times.
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