The NYS Department of Labor phone system is impossible to get through to ask these kinds of questions. I've been trying for weeks to clarify my own eligibility issues. If you need to actually talk to someone, I found this service called Claimyr (claimyr.com) that helps you get through to actual agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling and getting hung up on.

I'm in a similar boat with my freelance graphic design work. The whole system is set up for traditional employees and leaves us entrepreneurs hanging. It's frustrating because we pay plenty of other taxes but can't access these safety nets when we need them most.

One thing to remember is that if you don't qualify for a new regular UI claim, you might still be eligible for extended benefits depending on the unemployment rate. But those programs come and go, so check with NYS Department of Labor when you file.

I'm in a similar situation - my benefits are ending soon too. From what I've researched, you can file immediately when your benefit year ends, but the key thing is whether you've earned enough wages since your last claim started. NYS Department of Labor looks at your "base period" which is typically the first 4 of the last 5 completed calendar quarters. If you only worked part-time or sporadically during your claim, your new benefit amount might be significantly lower. I'd suggest gathering all your wage statements from any work you did during your claim period before you apply - you'll need those to show your earnings.

You don't need a lawyer for the unemployment hearing. Most people represent themselves and do fine. Just make sure you have copies of everything - termination letter, any emails about the layoff, witness contact info if coworkers can back up your story. The ALJ will ask both you and your employer questions. Stay calm and stick to the facts. Since you have written proof of the layoff, you're in a good position.

I went through a similar appeal last year and want to add a few things that helped me. First, when you get your hearing notice, it will include instructions on how to submit evidence beforehand - definitely do this rather than just bringing it to the hearing. You can usually email or fax documents to the ALJ's office. Second, practice explaining your situation clearly and concisely. The hearing goes by quickly and you want to make sure you hit all the key points about why it was a layoff, not misconduct. Also, if your company had any WARN notices or press releases about layoffs around the time you were let go, try to find those online - they can be great supporting evidence. The good news is that misconduct cases have a high burden of proof for employers, so if you have documentation showing it was economic reasons, you should be in good shape.

honestly the whole system is set up to screw small business owners. they make it super easy for employees to file claims but then you have to jump through hoops to contest bogus ones. and if you make one mistake on the paperwork they just approve everything automatically. been dealing with this BS for 15 years

Thanks everyone for the detailed responses! This is really helpful. As a newcomer to NY business ownership, I'm realizing there's a lot more to track than I initially thought. The experience rating system makes sense - basically I'm incentivized to hire carefully and document everything thoroughly. I'm definitely going to look into that automated service Kayla mentioned since I travel a lot for my consulting work and can see myself missing those 10-day deadlines. Better to invest upfront than pay higher rates later. One follow-up question - when you register with NYS Department of Labor for the first employee, do they provide clear guidance on what records to keep, or is that something you have to figure out on your own?

ugh the whole system is so complicated!! why cant they just make it simple instead of having different rules for everything

@Anastasia Sokolov I made the same mistake initially! Even though we "earned" the right to unemployment benefits by working and paying into the system, the IRS and most agencies classify the actual benefit payments as unearned income because you're not actively working while receiving them. You might want to go back and correct any forms where you listed it as earned income - it could affect your eligibility for certain programs or cause issues with tax filings. The logic is that earned income comes from current work activity, while unearned income includes things like unemployment benefits, Social Security, pensions, etc.