THE SYSTEM IS SO UNFAIR!! I got denied for missing work when I had COVID symptoms and my employer told me not to come in but then fired me anyway. NYS Department of Labor sided with the employer of course. These adjudicators don't care about workers at all.

I work for a local advocacy organization and we see cases like this regularly. The key thing to understand is that NYS DOL distinguishes between "misconduct" and circumstances beyond your control. Missing work due to mental health crises, family emergencies, or other compelling personal circumstances may not be considered disqualifying misconduct if you can document the situation. When you file your claim, be completely honest about what happened and why. If you have any medical records, therapy notes, or other documentation showing you were dealing with legitimate personal issues during that time, gather those now. Even if you're initially denied, the appeals process gives you a real chance to present your case with proper documentation. Don't let fear of denial stop you from filing - you've paid into this system and deserve a fair review of your situation.

UGH this happened to my friend too. These companies think they can just avoid paying unemployment taxes by calling everyone contractors. At least NYS Department of Labor investigates these cases but it shouldn't be on the worker to prove they were misclassified. The whole system is backwards.

I went through something similar a few years back. The key thing to know is that NYS Department of Labor takes worker misclassification seriously and they have specific procedures for these situations. When you file your claim, make sure to select the option for "disputed wages" or "missing wage records" - this will trigger their investigation process. Document everything you can: emails about schedules, company handbook references treating you as staff, any benefits they offered, tax documents they gave you (1099 vs W2), etc. The investigation might take time but if they rule the employer misclassified you, you'll not only get your unemployment benefits but the employer will face penalties for not paying their share of unemployment taxes. Don't let them intimidate you - this is exactly what the system is designed to handle.

wait so if you quit you can still get unemployment?? I thought that was automatic disqualification

Just want to add that if you do decide to quit, make sure you exhaust all internal remedies first if possible - like filing complaints with HR, requesting transfers, or asking for mediation. The Department of Labor will look at whether you made reasonable efforts to resolve the situation before quitting. Also, keep in mind that even if you qualify for benefits after quitting, there might be a waiting period before payments start. I'd suggest consulting with an employment attorney if the situation is really severe - some offer free consultations and can help you understand if your case would meet the "good cause" standard.

One thing I haven't seen mentioned is that you should also consider applying for other assistance programs while waiting for your unemployment benefits to start. Things like SNAP (food stamps) and emergency rental assistance can help bridge the gap if your first payment is delayed. The NYC Human Resources Administration has emergency cash assistance too if you're in the city. I know it's not ideal, but it's better to have backup options than to stress about making rent. Also, if you're worried about the timeline, you could try reaching out to your landlord early to explain the situation - many are understanding about unemployment delays, especially if you've been a good tenant. Good luck with everything!

Just want to add my experience from last year - I was making around $52k when I got laid off and ended up getting $498 weekly in benefits. The calculation they use is pretty straightforward once you understand it, but like everyone said, the website makes it way more confusing than it needs to be. One thing that really helped me was setting up direct deposit right away during the application process. My first payment took about 2.5 weeks to arrive, but after that they came like clockwork every Tuesday. If you choose to get a debit card instead, I heard it can add a few extra days to each payment. Also, start looking for work immediately even while your claim is processing - not just because of the work search requirements, but because the job market moves fast and you don't want to get rusty. I ended up finding a new position after 8 weeks and actually felt more prepared for interviews because I had been actively networking the whole time. The unemployment benefits gave me the financial cushion to be selective and find something better than my previous job.

So I was about to throw my phone after 3 hours on hold when someone told me about claimyr.com and it connected me to an agent in less than an hour. The agent confirmed you report NET income for self-employment, and explained that gross income reporting is only for w2 type work. If you're struggling to get answers, seriously give it a try.

I've been dealing with the same confusion with my small pottery business! After reading through all these responses and doing my own research, it's definitely NET income you should report. I made the mistake of reporting gross for my first few certifications and was basically cheating myself out of benefits I was entitled to. The way I think about it now - if I sell $500 worth of pottery but spent $300 on clay, glazes, kiln firing, and shipping, I only actually "earned" $200 that week. That's what unemployment cares about - your actual profit, not your total sales. I finally got through to an agent last week (took forever calling directly) and she confirmed this is correct. She also mentioned that if you've been reporting wrong, you can usually get it corrected by explaining the confusion. The system really should make this clearer though - so many people are struggling with the same question! Keep detailed records of everything - receipts, materials costs, platform fees, shipping. If they ever audit you, you'll need to prove your expenses were legitimate business costs. Good luck with your Etsy shop!