Don't stress too much about having exact tip amounts memorized! When you file with NYS Department of Labor, they'll pull your wage records directly from what your employer reported to the state each quarter. This includes both your hourly wages and the tips that were reported through payroll. You'll mainly need to provide basic information about your employment dates and reason for separation. However, it's still good to keep any pay stubs or tip records you have handy in case there are any discrepancies or if they need additional verification. The system is designed to work with the information employers are already required to report, so you shouldn't have to reconstruct everything from memory.

I went through this exact situation a few months ago when my restaurant laid off half the staff before the holidays. You're absolutely eligible for unemployment benefits as a server in NY! The misinformation about restaurant workers not qualifying is unfortunately pretty common. Your employer has been paying unemployment taxes on your behalf, and both your hourly wages AND reported tips count toward your benefit calculation. I'd recommend filing your claim online as soon as possible - the NYS Department of Labor website walks you through everything step by step. One thing that helped me was having my last few pay stubs ready when I applied, just to reference employment dates and my employer's information. Don't let anyone discourage you from applying - you've earned these benefits through your work!

honestly the whole unemployment tax system is confusing AF. why can't they just make it simple and tell you straight up if you need to pay or not instead of all these weird exceptions and thresholds

Just went through this exact situation with my business last month! As an LLC with employees, you're definitely required to register for unemployment insurance if you meet the wage threshold. The key thing to remember is that it's not just about number of employees - if you pay $300+ in wages in any calendar quarter, you need to register within 10 days of meeting that threshold. Don't wait like I did! I had to pay some back taxes because I thought I had more time to figure it out. The registration process itself isn't too bad once you get started, but definitely don't delay if you think you might already be over that $300 quarterly limit.

Just remember you can't quit voluntarily and still get benefits. Has to be a layoff or termination that's not your fault. Also keep all your pay stubs - you'll need them when you file your claim.

Another thing to keep in mind is that unemployment benefits are taxable income, so you'll get a 1099-G at the end of the year. You can choose to have taxes withheld (10% federal) when you certify each week, or just pay when you file your return. Also, if you do get benefits, make sure to keep certifying every week even if you find temporary work - you might still qualify for partial benefits if your weekly earnings are low enough.

I'm going through something very similar! Filed in mid-January and have been stuck on "determining benefit rate" for about 7 weeks now. Like you, I got my determination letter weeks ago but still no payments. What's really getting to me is that I can see other people who filed after me already getting their benefits while I'm still waiting. Based on all the advice in this thread, I think I'm going to try a few different approaches this week: calling right at 8:00 AM Monday morning, sending another message through the portal specifically mentioning my determination letter date and requesting an "escalation," and looking up my state representative. It's ridiculous that we have to become detective investigators just to get our own benefits! Thanks for posting this Emma - reading everyone's experiences and suggestions has been really helpful. At least now I know this isn't just happening to me and there are actual steps I can take. Hoping we all get this resolved soon! 🙏

I'm so sorry you're going through this Emma! I had a very similar experience last year - stuck in "determining benefit rate" limbo for 8 weeks despite having my determination letter. What finally broke through for me was a combination of persistence and luck. I called exactly at 8:00 AM on a Tuesday (avoid Mondays - everyone calls then) and got through after about 45 minutes on hold. The agent found that my account had been flagged because one of my previous employers had submitted conflicting wage information AFTER my determination letter was already sent out. She cleared the flag in literally 2 minutes and my backpay hit my account 3 days later. The key things that helped: 1) Have your determination letter date ready when you call, 2) Ask specifically about "system flags" or "wage investigations," and 3) Don't let them just tell you to "wait" - ask for the specific reason for the delay. Also keep certifying every week! You WILL get all your backpay once this gets resolved. The system is definitely broken but there are real people there who can help once you reach them. Hang in there! 💪

same here wondering about the money amounts. my job is cutting hours so might need to file soon

@Caleb Stark - Your calculation sounds about right! With $11,500 in your highest quarter, you'd get around $442 per week ($11,500 ÷ 26 = $442.31). Just make sure you have all your wage records ready when you file - sometimes employers don't report everything correctly to the state. Also, remember that unemployment benefits are taxable income, so you might want to have taxes withheld or set some aside for tax season. The good news is that $442/week for up to 26 weeks could definitely help cover basic expenses while job hunting.