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Keep certifying your weekly claims even while waiting for approval. Once they process your initial claim, you'll get backpay for all the weeks you certified. The key is staying consistent with your weekly filings and job search activities. Document everything in case they ask for proof later.
I'm in a similar situation - filed 7 weeks ago and still waiting. What I've learned is that you can also try contacting your local assemblyperson or state senator's office. They sometimes have dedicated liaisons who can help escalate cases with the Department of Labor. I reached out to mine last week and they said they'd make an inquiry on my behalf. Worth a shot if the phone lines aren't working for you. Also make sure you're keeping records of all your job search activities and any correspondence attempts with DOL.
26 weeks goes by faster than you think, especially in this job market. Start looking seriously now even though you just got approved. Better to find something early than scramble at week 25.
Also worth mentioning that if you're getting close to exhausting your 26 weeks and still haven't found work, there might be extended benefits available during high unemployment periods. It's not automatic though - you have to apply separately and it depends on the state's unemployment rate. I'd recommend checking the NYSDOL website or calling them around week 20-22 to see if any extensions are available when you're getting close to your limit.
Just claim whatever you normally claim on your regular job taxes. The unemployment system in NY is confusing enough without overthinking the exemptions part.
Just to add to what everyone else has said - you're absolutely right to be careful about this! When I first filed, I was also worried about messing up my claim. The good news is that the exemptions section is really just about tax withholding, not your benefit calculation. Since you have two kids and are married, you could reasonably claim 2 or 3 exemptions (similar to what you'd claim on a W-4), but keep in mind that unemployment benefits are fully taxable income at both federal and state levels. Some people prefer to claim fewer exemptions or even zero to avoid owing money at tax time, since unemployment income can sometimes push you into a different tax bracket than you expect.
One thing I haven't seen mentioned yet - if you have any old health insurance or 401k statements that list your employer, those can also work as verification. I used an old benefits enrollment form when I was in a similar situation. Also, don't forget to check if your employer filed for bankruptcy - those records are public and can serve as proof that the business closed. You can search bankruptcy filings online for free. The combination of your bank statements plus a supervisor's statement should definitely be enough though. You've got this!
Oh wow, I completely forgot about my old 401k statements! I definitely have those somewhere and they would show my employer info. The bankruptcy search is a great idea too - I should look that up since it would officially document why I can't get records from them anymore. Thanks for thinking of these alternatives! It's amazing how many different ways there are to prove employment when you get creative about it.
Hey QuantumQueen! I went through this exact nightmare last year when my previous employer went under and I had ZERO documentation. Here's what saved me: I contacted my old auto insurance company and requested a copy of my policy application from when I was working there - it had my employment info and salary listed! Also check if you have any old loan applications, rental applications, or even gym membership forms that might have your work info on them. The other thing that really helped was creating a timeline document with everything I could remember - exact dates I worked, my manager's name, what my duties were, even the address of the workplace. I included screenshots of Google Maps showing the business location and wrote up detailed explanations of why I couldn't provide each specific document they requested. DOL ended up accepting my bank statements + the insurance document + my detailed timeline. The key is showing them you're making every possible effort to comply. Don't let them intimidate you - there are always alternatives!
This is such a comprehensive approach! I never would have thought about checking with my auto insurance company - that's genius. I definitely filled out rental applications and maybe some credit card applications during that time period that would have my employment info. The timeline document is a really smart idea too, especially including the business address and manager details. It shows you're not just making stuff up. Thanks for sharing what actually worked for you - this gives me so much hope that I can piece together enough documentation even without the "standard" stuff they're asking for!
Carlos Mendoza
i know someone who got in huge trouble for reporting wrong. they made him pay back like $8000! but that was cuz he didnt report ANY income not cuz he reported wrong type
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Raj Gupta
•That's an important distinction. The OP has been OVER-reporting income (reporting gross instead of net), which means they've been receiving LESS in benefits than they were entitled to. This is very different from under-reporting or not reporting income at all, which can indeed lead to overpayment notices and penalties.
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Sienna Gomez
As someone who's been dealing with self-employment income reporting for a while, I can confirm what others have said - definitely report NET income. I run a small online business and learned this the hard way after initially reporting gross sales. For your Etsy shop, calculate: (Total sales) - (Etsy fees + shipping costs + materials + any other direct business expenses) = Net income to report. Since you've been over-reporting for a while, you're likely owed money from previous weeks. I'd suggest documenting all your actual net income for those past weeks before calling NYSDOL. Having clear numbers will make the adjustment process smoother if you can actually get through to someone. The key is showing them you've been conservative and honest, just using the wrong calculation method. Keep detailed spreadsheets going forward - it'll save you headaches later!
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Vanessa Figueroa
•This is super helpful! I'm new to all this and was also confused about gross vs net reporting. Your spreadsheet suggestion is great - do you have any tips on what specific columns to track? I'm thinking sales amount, Etsy fees, shipping, materials... anything else I should be documenting for unemployment reporting purposes?
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