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Just to add - if you do elect coverage, you need to file the application within 30 days of starting your business, or within 30 days of deciding you want coverage. Don't wait too long to make this decision!
I've been self-employed for 2 years and went through this same confusion! Here's what I learned: the elective coverage costs about 0.5% of your reported earnings (so if you report $50k, you'd pay around $250 annually). You have to pay into it for at least one full quarter before you can collect benefits, and you need to meet the same earnings requirements as regular employees. The tricky part is you have to report your earnings quarterly and pay the taxes even if you haven't been paid by clients yet. I decided it was worth it for the peace of mind, especially since freelance work can be unpredictable. Just make sure to keep good records of all your business income if you sign up!
I was in a similar situation last year - went from freelancing to a full-time job. Had trouble getting through to NYS Department of Labor when I needed to check my eligibility after getting laid off 8 months later. Ended up using this service called Claimyr (claimyr.com) that helped me actually reach a live agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really saved me hours of trying to call myself.
The texting option is completely useless tbh. Been waiting 2 weeks for a response
So frustrating! I've been dealing with the same issue for almost a month now. What really gets me is that they keep saying to "try again later" but there's never actually a good time to call. I did finally get some movement by filing a complaint through the NY DOL website - at least got an email confirmation that way. Also heard from a friend that some local unemployment offices are doing in-person appointments again, might be worth checking if there's one near you. Hang in there everyone, this system is broken but we gotta keep pushing through! 💪
I was in almost the exact same situation last year - making $780/week when I got laid off. Like others mentioned, the benefit calculation isn't straightforward but I ended up getting about $375/week. One thing I wish I'd known is that you can actually do a rough estimate yourself: they typically take your highest quarter earnings, divide by 26, then apply the benefit formula (around 50% but varies). Also worth noting that benefits are taxable, so factor that in when budgeting. The good news is that at your income level, unemployment should cover most basic expenses, though you'll definitely need to tighten the belt a bit. Start organizing your paperwork now like others suggested - having everything ready makes the application process much smoother!
Thanks for sharing your experience @Ethan Clark! That's really reassuring to hear from someone who was in almost the exact same situation. The 50% calculation makes sense and $375/week sounds manageable for basic expenses. I didn't realize the benefits are taxable though - that's definitely something to factor in when planning. Did you have them withhold taxes from your weekly payments or did you just handle it at tax time? I'm trying to get all my ducks in a row now just in case the layoffs at my company actually happen.
The base period lag that @Misterclamation Skyblue mentioned is really important to understand! I learned this the hard way when I filed - had gotten a nice promotion 2 months before getting laid off but none of those higher earnings counted because of the base period rules. Also wanted to add that New York has something called an "Alternate Base Period" if your regular base period doesn't qualify you or gives you a really low benefit amount. It uses more recent quarters including some of your most recent earnings. Definitely worth asking about if your initial calculation seems off. The whole system is designed to be conservative and use established earning patterns rather than your absolute most recent pay, which can be frustrating but does provide some stability in the calculation.
@Toot-n-Mighty That's really valuable information about the Alternate Base Period! I had no idea that was even an option. It's frustrating that the system doesn't automatically use whichever calculation gives you the higher benefit amount. Do you know if you have to specifically request the alternate calculation or do they offer it automatically if your regular base period doesn't work out well? This whole thread has been so helpful - I'm feeling much more prepared now in case I do end up needing to file. It sounds like even though the system is complicated, there are at least some safeguards in place to help people who've had recent job changes or promotions.
GamerGirl99
Before you quit, also consider consulting with an employment attorney. Some offer free consultations and they can advise whether your situation might qualify for other legal remedies beyond just unemployment benefits. Sometimes having attorney documentation can also help with your NYS Department of Labor claim.
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Taylor To
I've been through a similar situation and want to emphasize that timing is crucial here. Don't rush into quitting - build your case methodically first. Start documenting everything TODAY (dates, times, witnesses, exact quotes if possible). File that HR complaint in writing and keep copies. Also check if your company has an anonymous hotline or ombudsman. NYS Department of Labor will look at whether you made reasonable efforts to resolve the situation internally before quitting. The stronger your paper trail, the better your chances during adjudication. It's frustrating to stay in a toxic environment longer, but those extra weeks of documentation could make the difference between getting benefits or not.
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Natalie Khan
•This is excellent advice about timing and documentation. I'm curious though - if my company doesn't have HR or it's just a small business with the owner being the problem, would that affect how NYS Department of Labor views my case? Should I still try to address it directly with the owner first, or would that potentially make things worse for me?
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