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Just make sure you're honest about everything when you file your weekly claims. They audit people all the time and if they find out you weren't reporting business income correctly you could owe back all the benefits plus penalties.
I went through this exact situation about 8 months ago when I started doing freelance graphic design work. The key thing I learned is that you absolutely have to report ALL income from your business activities, even if it's just $20 here and there. NYS Department of Labor considers any work you do for pay as "employment" regardless of whether you're W2 or 1099. I kept detailed records of every client payment and reported it on my weekly certifications. As long as you're genuinely still job searching (and can prove it with applications), you should be okay. Just be prepared for your weekly benefit amount to fluctuate based on what you earn from the business each week.
So glad you finally got through @Esmeralda! Your success story gives me hope. I've been dealing with the same nightmare for 3 weeks now - my claim has been "under review" since mid-February and I can't get anyone on the phone. The automated system just keeps telling me to check back online in 72 hours, but nothing ever changes. I'm definitely going to try that Claimyr service you mentioned. Did they charge you anything for getting you connected? Also wondering if anyone knows - when they say "3 business days" for benefits, do they actually stick to that timeline or is it usually longer?
@Henrietta - I'm so sorry you're going through this too! Yes, Claimyr does charge a fee (I think it was around $20), but honestly it was worth every penny considering I was about to lose my mind calling all day. As for the 3 business days timeline - the agent seemed pretty confident about it, and from what I've read in other posts here, they usually do stick to that once the issue is actually resolved. The problem is just getting TO that resolution point! Definitely try Claimyr if the traditional calling methods aren't working for you. Good luck!
I'm dealing with the exact same frustration! Been trying to reach NY unemployment for almost 3 weeks now and it's like they don't want us to get through. My claim has been "pending review" since early February and every time I call, I either get disconnected after waiting for hours or the system just hangs up on me completely. It's ridiculous that we have to jump through so many hoops just to talk to someone about our own benefits. Reading through everyone's experiences here, it sounds like this is a widespread problem and not just bad luck on my part. I'm going to try some of the suggestions mentioned - the early morning calling trick and maybe that Claimyr service if I get desperate enough. Has anyone had any luck with reaching out to local elected officials? I'm wondering if that's worth trying too.
@Sofia - You're definitely not alone in this! I've been following this thread closely since I'm in a similar boat. From what I've seen here, contacting your state rep or local assembly member can actually be quite effective - @Tyrone mentioned it earlier and I've heard success stories from other communities too. They have direct lines to the DOL and can often get cases escalated. It might take a few days to hear back, but it's worth a shot while you're also trying the other methods. The fact that so many of us are dealing with identical issues really does suggest this is a systemic problem with their new verification process. Hang in there!
I was in a similar situation last year - worked retail for about 6 months before getting laid off. The NYS Department of Labor calculation can definitely be confusing at first! Like others mentioned, they don't use a percentage but rather look at your highest earning quarter. One thing that helped me was calling them directly (though it took many attempts to get through) to confirm my base period quarters and make sure they had all my wage information correct. Sometimes employers don't report wages on time which can affect your calculation. Also, don't forget you might be eligible for the federal tax exclusion on unemployment benefits depending on your total income for the year. Good luck with your job search!
Having gone through this process recently myself, I can confirm what others have said about the formula being based on your highest quarter rather than a percentage. One thing I'd add is that timing can really matter when you file - your base period is typically the first 4 of the last 5 completed calendar quarters before you file your claim. So if you just got laid off last week and file now, they'll look at your wages from early 2024 through late 2024. Since you worked 8 months at $18/hour, you should definitely have enough wages to qualify. I'd recommend filing as soon as possible since there's usually a one-week waiting period before benefits start, and you can't get benefits for weeks before you actually file your claim. The online application on labor.ny.gov is pretty straightforward once you have your employment history and wage info ready.
@Oliver Brown I d'definitely recommend filing right away rather than waiting! The one-week waiting period means you re'already going to have a gap before payments start, and there s'no guarantee that waiting would actually improve your base period calculation. Since you ve'been working steadily for 8 months, your current base period should already reflect most of that income. Plus, if you wait too long, you might miss out on weeks of benefits entirely - and you can t'backdate your claim to cover weeks before you actually filed. The NYS Department of Labor is pretty clear that you should file as soon as you become unemployed. You can always ask them about alternative base period calculations if your standard one doesn t'work out well, but from what you ve'described about your work history, you should be in good shape with the current calculation.
I'd definitely recommend filing right away rather than trying to time it for a better base period. The risk of losing weeks of potential benefits while waiting usually isn't worth it, especially since you have bills to cover. Plus, with 8 months of work history at $18/hour, you should have a solid base period already established. The one-week waiting period means you're already going to be without income for a bit, so don't delay further. You can always check the NYS DOL calculator first to estimate what your benefits would be with your current base period, but in most cases filing immediately is the smart move. Better to have some income coming in while job hunting than to gamble on maybe getting a slightly higher amount later.
The whole system is designed to screw you over!! They make it SO confusing on purpose and then act like it's your fault when something goes wrong. I know people who got overpayment notices for stupid technicalities and NYS Department of Labor just shrugs and says pay up. It's criminal how they treat people who are already struggling.
keep all your documentation!! job search logs, any correspondence with employers, everything. if they do come after you for overpayment you'll need proof that you followed all the rules
Butch Sledgehammer
UPDATE: You guys are all amazing! We followed the advice about uploading his wage documents with a letter specifically requesting "monetary redetermination" and "claim backdating" (used those exact terms). Called at 8:01am this morning and got through after only 4 attempts! The claims specialist confirmed there was a wage verification flag and that the ID.me completion hadn't fully processed in their system. She was able to fix both issues during the call, and said payments should start processing within 3-5 business days including the back weeks! THANK YOU ALL for your help - this community saved us so much stress and confusion!
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Freya Ross
•That's fantastic news! So glad you got it resolved. Make sure he continues certifying weekly while waiting for the payments to process. Typically when they fix issues like this, the payments come through faster than the 3-5 days they quote - I'd expect to see something by Monday or Tuesday. Keep us updated!
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Alice Pierce
•CONGRATS!!! You got lucky getting someone competent on only the 4th try!!! 👏👏👏
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Daniel Rivera
This is such great news and a perfect example of why this community is so valuable! Your success story gives hope to everyone dealing with similar NYSDOL nightmares. The fact that you got through in just 4 calls at 8am and found a knowledgeable claims specialist proves that persistence and the right terminology really do make a difference. For anyone else reading this thread dealing with similar issues, this shows the importance of: 1. Using specific terms like "monetary redetermination" and "claim backdating" 2. Uploading wage documents before calling 3. Calling right at 8am when the lines open 4. Asking specifically for a claims specialist Thanks for taking the time to update us with the resolution - it's going to help so many people who find this thread in the future!
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