New York Unemployment

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Thanks everyone for the detailed responses! This is really helpful. I think I understand the basics now - report gross income, they reduce benefits by 25% of anything over $143, and my claim stays active even if I earn too much one week. One more question though - since this is freelance web design work, how do I handle it if the client pays me with a 1099 at the end of the year instead of weekly? Do I still report it the week I do the work even though I haven't actually received payment yet? And should I be setting aside money for taxes on both the freelance income AND the unemployment benefits?

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Yes, you report the income for the week you actually performed the work, not when you receive payment. So if you do web design work this week worth $400, you report that $400 on your weekly claim even if the client won't pay you until next month. As for taxes, definitely set aside money for both! Unemployment benefits are taxable income, and your freelance income will need quarterly estimated tax payments since no taxes are being withheld. I'd recommend setting aside about 25-30% of your freelance earnings for taxes to be safe.

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@StarSurfer gave you solid advice! Just want to add - since you're doing freelance web design, make sure you're tracking all your business expenses too (software subscriptions, equipment, etc.) because those can help offset your tax burden. And if you're planning to do this regularly, you might want to consider setting up a simple business bank account to keep everything separate. Makes tax time much easier and helps you stay organized with the weekly unemployment reporting.

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One thing to add about freelance work while on unemployment - make sure you understand the difference between "work" and "earnings" when reporting. Even if you spend 10 hours working on a project but haven't finished it yet (so no payment earned), you still need to report those work hours on your weekly claim. NYS Department of Labor looks at both the amount you earned AND the number of days you worked. If you work 4 or more days in a week, even for just a few hours each day, it can affect your benefits differently than just the earnings calculation. I learned this the hard way when I was doing small freelance projects - I was only reporting the money but not the actual work days, which caused issues later when they audited my claim.

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Wait, this is really important information that I haven't seen mentioned anywhere else! So even if I'm just working on a project but haven't earned any money yet that week, I still need to report the work days? This seems like something that could easily trip people up. Do you know if there's a specific threshold for hours per day that counts as a "work day"? I'm worried I might have already messed this up in my previous claims since I've been doing some preliminary design work that I haven't invoiced for yet.

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The NYS Department of Labor system is so frustrating for seasonal workers! They act like everyone has a regular 9-5 job year round. I've been dealing with this for five years and every winter it's the same hassle trying to prove I'm eligible.

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I hear you on that. The online system definitely seems designed for traditional employees, not people with seasonal work patterns.

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I went through this exact same situation working seasonal roofing jobs! One tip that really helped me - when you file your initial claim, make sure to mention that your layoff is due to seasonal weather conditions. NYS DOL has specific provisions for weather-related layoffs in construction and outdoor work. Also, keep any documentation from your employer about the seasonal layoff (like that notice about December 15th being your last day) - it can help if there are any questions about your eligibility. The whole process was actually smoother than I expected once I got started.

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Thanks for sharing your experience! That's really helpful to know about mentioning weather-related layoffs specifically. I do have that notice from my supervisor about the December 15th date - should I scan it and upload it somewhere when I file, or just keep it on hand in case they ask for it later? Also, did you have to deal with any delays or issues during the application process, or was it pretty straightforward once you submitted everything?

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One thing to keep in mind is that your weekly benefit amount is calculated based on your earnings during your base period (usually the first 4 of the last 5 completed calendar quarters before you filed). So even though you have 26 weeks maximum, you might exhaust your dollar amount before you reach the time limit if your weekly benefit is high relative to your total benefit amount. You can check your remaining balance on the NYS DOL website when you file your weekly claims.

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That's a really good point about the dollar amount vs time limit! I hadn't thought about that. Is there a way to see both your remaining weeks AND your remaining dollar balance somewhere on the DOL site? I want to make sure I'm tracking both so I know which one I might hit first.

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Yes, when you log into your NY.gov account and go to the unemployment services section, you can see both your remaining benefit balance in dollars and your remaining weeks. It's usually displayed right on your claim summary page. The system will automatically stop payments when you hit whichever limit comes first - either the 26 weeks or your total benefit amount. Really helpful to keep an eye on both numbers!

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Another important thing to remember is that if you do temporary or part-time work while collecting unemployment, you need to report all earnings when you file your weekly claim. NYS allows you to earn up to a certain amount before it affects your benefits (usually around 1/4 of your weekly benefit rate), but anything over that will reduce your weekly payment dollar-for-dollar. Just make sure you're honest about any work you do - they cross-check with employer wage reports and not reporting earnings can result in overpayment that you'll have to pay back with penalties.

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This is really helpful information about reporting earnings! I'm curious though - if you work a few hours and earn less than that 1/4 threshold you mentioned, do you still need to report it even if it won't affect your benefit amount? I want to make sure I'm following all the rules correctly since I might pick up some gig work while I'm looking for a full-time position.

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Wait, you filed in early January and it's been 5 weeks? That means you filed like the first week of January? Because if you filed after January 15th it hasn't been 5 weeks yet. Just want to make sure the timeline is right because that affects whether this is actually an unusual delay or not.

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Filed January 3rd, so yeah it's been 5 weeks as of this week. My last day of work was December 30th.

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Manufacturing layoffs sometimes get extra scrutiny because they want to verify it wasn't a voluntary quit or misconduct termination. Did you get any severance or notice pay? That can also complicate the timeline because they need to determine your benefit start date. The good news is that once approved, you'll get backpay to your benefit year start date.

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Got two weeks severance but my employer told me that wouldn't affect my unemployment eligibility. Now I'm wondering if that's what's causing the delay.

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I understand your frustration with the religious accommodation issue. You should definitely document everything about your religious practices and the fact that you need Sundays off for religious observance. When you go to your appeal hearing, bring any documentation you have about your religious beliefs and explain that refusing work due to religious reasons is protected. NYS Department of Labor has to consider religious accommodations under both state and federal law. You might also want to contact a legal aid organization that handles employment issues - they sometimes take cases involving religious discrimination for free or low cost. Don't give up on the appeal process, even though it's frustrating.

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This is really helpful advice, thank you! I do have documentation from my church about my religious practices and the requirement to observe Sundays. I didn't realize there were legal aid organizations that might help with this kind of case. Do you happen to know any specific ones in New York that handle employment/religious discrimination issues? I'm definitely not giving up on the appeal but having some backup legal support would give me peace of mind.

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You can try contacting the Legal Aid Society of New York - they have an employment law unit that handles workplace discrimination cases including religious accommodation issues. Also check out New York Legal Assistance Group (NYLAG) and the Worker Justice Center of New York. Many of these organizations offer free consultations and can help you understand your rights under Title VII and New York State Human Rights Law. Having legal backing while you go through the appeal process could really strengthen your case, especially since religious accommodation is such a protected area.

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Religious accommodation is definitely a protected right that NYS Department of Labor should have considered before denying your benefits. The fact that you couldn't work Sundays due to religious observance isn't a valid "work refusal" under labor law. Beyond the appeal process, you might want to file a complaint with the New York State Division of Human Rights if they didn't properly evaluate your religious accommodation request. While you can't directly sue for monetary damages in most cases, documenting religious discrimination could strengthen your position. Keep detailed records of all communications and make sure to emphasize in your appeal that this was a religious accommodation issue, not simply refusing work.

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