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I'm in almost the exact same situation - working in NY but living in NJ and collecting NY unemployment since February. Reading through everyone's responses has been incredibly helpful! It sounds like the consensus is clear that I need to file the NY non-resident return (IT-203) and pay NY state tax on the benefits. One thing I'm still wondering about - does anyone know if NY withholds state taxes automatically from unemployment payments for non-residents? I noticed they took out federal taxes but I'm not sure about state. I don't want to get hit with a big surprise bill if they haven't been withholding anything for state taxes this whole time. Also really appreciate the tip about Claimyr for actually getting through to someone at the tax department. After reading about all the horror stories of people getting audited for not filing properly, I definitely want to make sure I do this right!
Great question about the withholding! NY typically doesn't automatically withhold state taxes from unemployment benefits for non-residents - you usually have to request it specifically when you set up your claim or through your online account. If they haven't been withholding state taxes, you'll likely owe a lump sum when you file. I'd recommend checking your payment history online to see exactly what's been withheld so far, and if nothing has been taken out for NY state taxes, consider making estimated quarterly payments to avoid a big surprise at tax time!
I'm dealing with this same issue right now! Living in PA but received NY unemployment benefits last year. After reading through all these responses, it's clear I need to file the NY IT-203 non-resident return. One thing that's been bugging me though - I kept getting different answers from different sources until I found this thread. My HR person at my old job told me I only needed to file in PA, but obviously that's wrong based on everyone's experiences here. It's frustrating how much misinformation is out there about this stuff. Has anyone here used tax software that handles this multi-state unemployment situation well? I'm debating between doing it myself with software or just biting the bullet and paying for a tax preparer who knows the NY/PA rules. The horror story about the $2000 audit penalty has me spooked! Thanks everyone for sharing your experiences - this thread has been way more helpful than anything I found on the official websites.
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just file and see what happens tbh. worst they can do is say no right? i worked part time when i was on unemployment and it was fine
While that might work out, it's better to understand the rules upfront so you don't accidentally make mistakes on your weekly claims that could cause issues later.
I work for NYS Department of Labor and can confirm that you can definitely file for unemployment benefits while working part-time! The key things to remember: 1) Report ALL earnings on your weekly certification - even if it's just $1, 2) You can earn up to 25% of your weekly benefit rate without any reduction to your UI benefits, 3) After that threshold, benefits are reduced but not eliminated, and 4) You must still be available for full-time work and actively job searching. With your part-time income of $180/week, you'll likely still receive a significant portion of your unemployment benefits. Don't let the part-time job stop you from filing - many people are in similar situations and the system is designed to help workers transitioning between jobs.
@Sophia Russo This is exactly the kind of official guidance I was hoping to find! I m'in a very similar situation to the original poster - just lost my main job but still have weekend work. Your breakdown of the 25% threshold rule is really helpful. One thing I m'curious about - does the NYS Department of Labor have any specific guidelines about what counts as actively "job searching when" you already have some part-time work? Like do I need to apply to a certain number of jobs per week, or is there flexibility since I m'already partially employed?
@Sophia Russo This is incredibly helpful! I ve'been stressing about this for days since getting laid off. Quick question - when I file my weekly certification online, is there a specific section where I report the part-time earnings, or do I need to call it in? I want to make sure I m'doing everything correctly from the start so there are no issues down the road. Also, does it matter that my part-time job is in retail while my main job was in an office setting - like do they consider industry when calculating benefits?
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I went through something similar last year and what finally worked was contacting my local assembly member's office. They have staff who specifically help with NYS Department of Labor issues and can escalate your case. I called my representative's district office, explained the situation, and they had someone from their constituent services team reach out to the Department of Labor on my behalf. Got a call back within 3 business days with my issue resolved. It's worth trying if the regular phone lines aren't working - these offices exist to help with exactly these kinds of bureaucratic problems.
That's really smart advice about contacting the assembly member's office! I never would have thought of that approach. How do you find out who your local representative is and get their office contact info? Is there a specific way you're supposed to explain the situation to their staff, or do they already know how to handle unemployment issues?
Another option that worked for me was reaching out through the NY.gov website's "Contact Us" form rather than calling. I submitted a detailed message explaining my adjudication issue with my claim number and got an email response within 5 business days with specific instructions on what documents to upload. Sometimes the written route gets better results than the phone system. Also, if you have a local One-Stop Career Center (American Job Center), they often have staff who can help you navigate the NYS Department of Labor system and may even be able to make calls on your behalf. Worth checking if there's one near you!
@Lauren Zeb That s'really helpful advice about using the written contact form! I ve'been so focused on trying to call that I didn t'even think about submitting through the website. Do you remember roughly how detailed you had to be in your message? I want to make sure I include everything they need without writing a novel. Also, when you mention uploading documents - is that something you can do directly through the NY.gov unemployment portal, or did they send you a separate link? I m'definitely going to try this approach since the phone situation has been impossible.
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Just wanted to update everyone - I followed the advice here and successfully closed my NY unemployment claim! The "Request to Close Claim" option was exactly where you all said it would be. They sent me a confirmation email that my claim has been properly closed. Such a relief to have this taken care of properly. Thanks for all the help!
Great to hear you got it sorted out! Always best to handle these things properly to avoid complications down the road.
So glad it worked out for you! Moving is stressful enough without worrying about unemployment issues too.
Congrats on getting it resolved! This thread is going to be so helpful for other people dealing with the same situation. I'm actually bookmarking it because I have a friend who might be moving from NY to California soon and will probably need this exact information. It's crazy how complicated something that should be simple can be, but at least now there's a clear step-by-step process laid out here. Thanks everyone for sharing your experiences!
Yes, definitely bookmark this! I went through a similar situation last year when I moved from NY to Florida and wish I had found a thread like this back then. The step-by-step instructions from @Dominic Green really break down what can be a confusing process. Your friend will probably run into the same issues - NY s'unemployment system isn t'very intuitive about interstate moves. Make sure they don t'just stop certifying like some people suggested here, because as we saw from @Mia Roberts experience, that' can lead to serious problems later on.
Aisha Mahmood
For restaurant workers specifically, there aren't special unemployment programs but you might want to look into workforce development programs through the city. Some offer training for other industries while you're collecting benefits. Just make sure any training programs you enter are approved so they don't interfere with your weekly claim certifications.
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Alexis Renard
•@Aisha Mahmood This is really helpful info! Do you know where to find these workforce development programs? I m'also coming from the restaurant industry and could use some guidance on transitioning to something more stable while I m'on benefits.
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CyberNinja
•@Alexis Renard You can check out NYC s'workforce1 career centers - they have locations in all five boroughs and offer free training programs. Also look into CUNY s'continuing education programs, some are specifically designed for career changers. The Restaurant Opportunities Centers United ROC (United also) has programs for restaurant workers transitioning to other fields. Just make sure whatever program you choose is approved by the Department of Labor so it doesn t'mess with your unemployment eligibility.
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Rudy Cenizo
Just want to add that you should also check if you qualify for any city-specific assistance programs while you're on unemployment. NYC has programs like SNAP (food assistance) and emergency rental assistance that can help stretch your benefits further. The Human Resources Administration (HRA) website has info on what you might be eligible for. Also, keep all your documentation organized - unemployment requires a lot of paperwork and you don't want to miss payments because of missing forms. Good luck with your job search!
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