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Yeah the whole system is designed so employers can't mess with your benefits once you qualify. They already paid into the system through their payroll taxes. NYS Department of Labor handles everything from there. Your benefit amount is calculated from your work history, not whatever your old boss thinks you deserve.
Thanks everyone! This really cleared up my confusion about how the funding works.
Just to add some specific details - NYS employers pay UI taxes on wages up to $12,300 per employee (as of 2024). The tax rate varies by employer based on their "experience rating" - companies with more former employees who claimed unemployment pay higher rates. So while your individual employer isn't writing you a check each week, they definitely contributed to the fund that's paying your benefits. The system is designed to be fair and remove any personal dynamics between you and your former boss from the equation.
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I'm dealing with the exact same situation right now - filed my appeal in June for a wage discrepancy issue and still waiting for a hearing date. It's incredibly frustrating when you know they're wrong but have to wait months just to prove it. I've been calling regularly and getting the same "it's in process" responses. From reading everyone's experiences here, it sounds like 4-6 months is unfortunately normal, but I'm definitely going to try calling my state representative like some of you suggested. Has anyone had luck with the secure messaging system for getting updates on appeal status? Also planning to gather all my pay stubs and bank statements now so I'm ready whenever they finally schedule it. Hang in there - sounds like most people who stick it out eventually win their appeals.
I'm in almost the exact same boat! Filed my appeal in May for a similar wage discrepancy and still waiting. The secure messaging system hasn't been helpful for me - I've sent 3 messages asking for status updates and only got one generic response saying "your case is being reviewed." The state representative idea sounds promising though - I'm going to try that this week. It's so maddening knowing they made an error but having to wait half a year just to get a chance to prove it. Thanks for sharing your timeline, at least I know I'm not alone in this mess!
I'm going through something very similar right now - filed my appeal in July for a determination that claimed I didn't report all my income, which is absolutely false. It's now been over 5 months and still no hearing date. I've tried calling dozens of times and keep getting the same runaround about it being "in process" with no timeline. Reading through everyone's experiences here, it seems like 4-6 months is sadly the norm, but some of the suggestions are really helpful. I'm definitely going to try contacting my state representative this week - several people mentioned that actually worked for them. Also going to try that early morning calling strategy someone mentioned. It's so frustrating when you know they made an error but you're stuck in this bureaucratic nightmare just trying to get a chance to prove it. At least seeing all these stories makes me feel less alone in this mess. Thanks everyone for sharing your experiences and tips!
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The work authorization requirement is federal law, not just a New York thing. Even though your friend has been contributing through payroll taxes, the Social Security Administration and Department of Labor systems are connected to immigration databases. When NYS Department of Labor processes a claim, they verify work eligibility through these federal systems. If you're having trouble reaching someone at NYS Department of Labor to get official confirmation, I've heard people mention using claimyr.com to get through to an agent faster. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works.
Thanks for the detailed explanation. I'll let my friend know to look into other assistance programs instead of wasting time with an unemployment application that won't be approved.
I work with an immigration advocacy group and can confirm what others have said - undocumented workers cannot receive regular UI benefits in NY despite paying taxes. However, your friend should know about a few alternatives: 1) Some counties have emergency rental assistance that doesn't check immigration status, 2) Food pantries and community organizations often provide help without documentation requirements, 3) If they were injured on the job, workers' compensation doesn't require legal status verification. I'd suggest contacting the New York Immigration Coalition or Make the Road NY - they have resources specifically for situations like this and can connect your friend with local assistance programs.
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just got mine yesterday, the keybank one. took exactly 8 days from when my first payment posted. make sure to read all the paperwork!!
That's good to know! Did you have any issues activating it? I'm still waiting for mine and want to make sure I know what to expect when it arrives.
Activation was super easy! Just called the number on the sticker and followed the prompts. Took maybe 5 minutes total. The card was ready to use immediately after that. One tip - they ask for your SSN and some info from the card during activation, so have everything ready when you call.
I can confirm it's definitely the KeyBank card with the NYS logo. Got mine about 3 weeks ago and it's been working fine. One thing to note - if you need cash, try to use KeyBank ATMs when possible since you get one free withdrawal per payment cycle. Other ATMs will charge fees on top of the card's fees. Also, you can transfer money from the card to your regular bank account through the GoProgram website, though there might be a small fee for that too. Just wanted to add that info since fees seem to be a concern for folks here!
Natasha Petrov
I'm in a similar situation - have a felony from 2020 and recently became unemployed. Reading through these responses is really helpful and encouraging. It sounds like the key is that unemployment benefits are based on your work history and contributions, not your criminal background. I was also worried about applying but now I feel more confident about filing my claim. Thanks everyone for sharing your experiences!
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Emma Wilson
•You're absolutely right to feel more confident! I was in a similar boat a few months ago and was so anxious about applying. But like everyone here has said, the NYS Department of Labor really does focus on your work eligibility and contributions rather than criminal history. The application process was much smoother than I expected. One tip - make sure you have all your employment information ready (dates, employer details, reason for separation) before you start the online application. It makes the whole process go much faster. Good luck with your claim!
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Miguel Ramos
I went through this exact situation in 2022 with a felony from 2017. Filed my claim online and was approved without any issues - they never asked about criminal history during the entire process. The only time it comes up is when you're job searching and have to disclose to employers, but that's separate from your unemployment eligibility. NYS Department of Labor really does base everything on your work credits and why you lost your job. Since you were working steadily and paying into the system, you should definitely apply. Don't let worry hold you back from getting benefits you've earned through your work contributions.
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