New York Unemployment

Can't reach New York Unemployment? Claimyr calls for you, so you don't have to wait on hold.

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Using Claimyr will:

  • Connect you to a human agent at the NYDOL
  • Skip the long phone menu
  • Call the correct department
  • Redial until on hold
  • Forward a call to your phone with reduced hold time
  • Give you free callbacks if the NYDOL drops your call
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Ask the community...

  • DO post questions about your issues.
  • DO answer questions and support each other.
  • DO post tips & tricks to help folks.
  • DO NOT post call problems here - there is a support tab at the top for that :)

The whole system is so confusing! I never know if I'm doing the job search part right. How many jobs do you have to apply to each week?

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You need to make at least 3 work search activities per week in NY. This can include applying for jobs, attending job fairs, networking events, or reemployment services. Keep detailed records of everything you do.

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One thing that might help your case is that you mentioned HR said it was a layoff while your supervisor said termination for cause. That discrepancy could work in your favor during the adjudication process. When you file, make sure to explain the attendance issues were due to car problems and that you tried to work with your supervisor on solutions. Document everything you can remember about those conversations. The NYS Department of Labor looks at whether the employer followed progressive discipline policies and if you made good faith efforts to address the issues. Since there's conflicting information from your former employer, they'll have to provide documentation to support their position.

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Just went through this myself. You also need to post the unemployment insurance notice in your workplace where employees can see it. NYS Department of Labor provides the poster when you register. Don't forget about workers comp insurance too - that's separate but also required for most businesses.

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ugh the government just wants to squeeze every penny out of small businesses... my cousin's friend said you can just pay people as contractors and avoid all this mess

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That's not legal advice you want to follow. Misclassifying employees as contractors can result in huge penalties and back taxes. NYS Department of Labor has specific tests for who qualifies as an independent contractor.

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@QuantumQuester is absolutely right - the worker classification rules are really strict in New York. The DOL uses the ABC test where all three conditions have to be met for someone to be considered an independent contractor. If you mess this up, you could end up owing back taxes, penalties, and interest on what should have been unemployment insurance contributions. It's way better to just follow the rules from the start than risk an audit later.

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Just went through this last year - the registration process with NYS Department of Labor was actually pretty straightforward once I got all my paperwork together. Make sure you have your federal EIN ready and know your NAICS code for your industry classification.

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Mei Lin

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One thing to keep in mind is that New York has some specific thresholds for when you need to register. Generally, you need to register for unemployment insurance once you pay wages of $300 or more in any calendar quarter, or if you have one or more employees for some portion of a day in each of 20 different weeks (doesn't have to be consecutive). The rates for new employers are typically around 4.1% for most industries, but like others mentioned, this can change based on your claims experience after a few years.

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One thing to remember is that your unemployment insurance rate will change over time based on your experience rating. If you have a lot of former employees filing claims, your rate goes up. If you have few claims, it goes down. So there's an incentive to be careful about hiring and to document any performance issues properly in case you need to contest a claim later.

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As someone who just went through setting up unemployment insurance for my small business, I'd recommend calling NYS Department of Labor directly to confirm your industry classification - that affects your initial rate. Also make sure you understand the difference between independent contractors and employees because misclassifying workers can lead to big penalties. The quarterly reporting deadlines are strict so set up reminders. One more tip: even if you only have one employee now, start keeping detailed personnel files from day one including job descriptions, performance reviews, and any disciplinary actions. You'll thank yourself later if you ever need to contest a claim.

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This is really helpful advice! I'm also a new small business owner and had no idea about the industry classification affecting the rate. When you called NYS Department of Labor, were you able to get through easily or did you have to wait on hold for a long time? I'm dreading having to call government agencies but it sounds like it's necessary to get this right from the start.

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@Justin Evans I had mixed results calling NYS Department of Labor directly. Sometimes I got through in 20-30 minutes, other times I was on hold for over an hour and still didn t'reach anyone. The trick is to call right when they open at 8 AM - much better chance of getting through. You can also try their online chat feature during off-peak hours, though it s'pretty limited for complex employer questions. If you do get stuck on hold, that Claimyr service Sara mentioned might be worth looking into since they specialize in getting through to these agencies.

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IMPORTANT INFO FOR YOUR CASE: Under NY labor law, if your working conditions changed substantially (like major schedule changes) AND you can prove it creates undue hardship, you may have good cause to quit. Document everything! Save emails, write down conversations with dates/times, get medical documentation for your family member. When you file, be super specific about timeline and how the changes made it impossible to continue employment while maintaining caregiving duties. If denied, APPEAL! Use claimyr.com to reach an agent faster - worth the $20 to get answers quickly.

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this is so helpful tysm! 🙏

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Also check if your employer has FMLA obligations - if they have 50+ employees and you've worked there a year, they might have been required to offer you unpaid leave or schedule accommodations for family caregiving. If they violated FMLA by not even considering accommodations, that strengthens your unemployment case even more. Document that they didn't offer any alternatives before you quit!

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