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This is really concerning - sounds like your family might owe back unemployment taxes to NYS Department of Labor if they've been misclassifying you all this time. At $18/hour for 8 months, you're definitely over that $500 quarterly threshold. I'd recommend documenting everything about your work arrangement (schedule, how they direct your work, etc.) in case you need to prove employee status later. The good news is that even with misclassification, you should still be eligible for unemployment benefits once NYS Department of Labor reviews your case. Just be prepared that it might take longer to process than normal claims.
You're absolutely right to be concerned about this situation. As someone who's dealt with household employment issues before, I can confirm that nannies are almost always employees, not independent contractors. The IRS has specific guidelines about this - if the family controls when, where, and how you work (which they clearly do), you're an employee. At $18/hour for 8 months, your family should definitely be paying unemployment taxes to NYS Department of Labor. The fact that you're getting a 1099 suggests they're either unaware of their obligations or trying to avoid them. I'd strongly recommend having a conversation with them about proper classification - they could face penalties for misclassification, and you deserve proper employee protections and benefits. You can find more info about household employee requirements on the NYS Department of Labor website.
This is really helpful information, thank you! I'm feeling overwhelmed thinking about having this conversation with the family - they seem like nice people but I don't think they realize they might be doing something wrong. Do you have any suggestions for how to approach this topic with them? I don't want to come across as accusatory, especially since I still need this job right now. I'm worried they might get defensive or even let me go if I bring up that they should have been handling taxes differently all along.
Just be honest and stick to the facts during your hearing. The judges are usually fair and they've heard it all before. Don't get emotional or angry even if the employer says things that aren't true. Let the evidence speak for itself.
I went through the NYS DOL appeal process about 6 months ago and can share what I learned. After you file your appeal, you'll get a letter scheduling your hearing - mine took about 5 weeks to get scheduled. The hearing itself was by phone and lasted maybe 20-30 minutes. The Administrative Law Judge was professional and gave me plenty of time to explain my side. I brought screenshots of text messages from my supervisor and my employee handbook to support my case. The decision came about 2 weeks after the hearing. One thing I wish I had known earlier - you can request an interpreter if English isn't your first language, and you can also ask for the hearing to be rescheduled once if you have a legitimate conflict. Don't give up, the appeal process exists for a reason and they do overturn incorrect decisions regularly.
I went through this same process about 6 months ago when my retail job ended. Just to clarify the timeline for you - you can and should file your initial claim right away (even today), but your first payable week will be the week after your waiting period. So if you file this week, your waiting week would be this week, and your first potentially payable week would be next week. Just remember to do your weekly certification every single week, even during the waiting period, or you'll lose eligibility. The whole process took about 3 weeks from filing to receiving my first payment, so definitely apply for any emergency assistance programs if you need immediate help with rent or utilities.
This is really helpful - thank you for breaking down the timeline so clearly! I was getting confused about when the waiting period actually starts. So if I understand correctly, I should file today and then make sure to do the weekly certification every week starting this week, even though I won't get paid for this first week? Also good point about emergency assistance - I'll look into what's available while waiting for the first payment to come through.
@Zainab Omar - Yes, definitely file today! Don't wait at all. I made that mistake when I got laid off from my warehouse job last year and it cost me. The one-week waiting period everyone mentioned is unavoidable, but you want to get your claim in the system ASAP. Also, when you file online with NYS DOL, make sure you have your last employer's info handy - company name, address, your dates of employment, and your gross wages. They'll also ask why you were separated from employment, so "position eliminated due to budget cuts" should be fine. One tip: if the website crashes or glitches (which it sometimes does), don't panic - just try again later or early in the morning when traffic is lighter. You got this!
Also make sure ur checking ur unemployment messages every day!! sometimes they send weird questionnaires u gotta answer right away or they stop ur payments!!!
Just want to echo what everyone else is saying - definitely don't file a new claim! I work part-time for a small business that has seasonal shutdowns, and I've been through this exact situation multiple times. The key is to stay on your current claim and just accurately report your work status each week. During the renovation weeks, you'll report zero work days and zero earnings, and you should receive your full weekly benefit amount. When you return to work after renovations, just start reporting your work days again normally. The system handles these temporary work interruptions really well as long as you don't try to start a new claim. Your supervisor probably means well but like others mentioned, most employers don't really understand the technical side of unemployment claims. Stick with your current claim and you'll be fine!
Aidan Hudson
This is heartbreaking to read about your friend's situation. While the others are absolutely right about the legal requirements for unemployment benefits, I want to emphasize how important it is for your friend to be extremely cautious. Using someone else's Social Security number is considered identity theft under federal law, and filing for benefits could potentially expose them to serious legal consequences beyond just being denied. I would strongly encourage them to speak with an immigration attorney immediately - many offer free consultations or work on sliding scale fees. The attorney can help assess their overall situation and advise on the safest path forward. In the meantime, the community organizations others mentioned are definitely the way to go for immediate support with food and basic needs.
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Chloe Taylor
•This is such important advice about speaking with an immigration attorney first. I wanted to add that some cities also have free legal clinics specifically for immigration issues - libraries often have information about these, and 311 in NYC can sometimes connect people to resources. Also, while looking for legal help, your friend should be really careful about who they talk to - unfortunately there are people who take advantage of vulnerable situations. Only work with licensed attorneys or recognized legal aid organizations. The situation is scary but there are legitimate people and organizations who want to help navigate this safely.
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Ezra Bates
I'm really glad to see so many people offering thoughtful advice and resources here. As someone who has worked with immigrant communities, I want to emphasize that your friend's safety should be the absolute top priority right now. The advice about contacting immigration attorneys and community organizations like Make the Road NY is spot on. I'd also suggest looking into local churches and community centers - many have emergency funds or food assistance that don't require documentation. Catholic Charities and other faith-based organizations often help regardless of status. In terms of work, day labor centers and some construction/restaurant jobs may be more flexible, though I understand the challenges there. Your friend has been contributing to their community through their work, and now it's time for the community to support them back. Please encourage them to reach out to these organizations soon - the sooner they connect with proper support systems, the better positioned they'll be to navigate this difficult period safely.
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