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Just wanted to say thanks for asking this question - I'm in almost the exact same boat with owing taxes from when my business failed. Was also worried about applying but this thread convinced me to go ahead and file my claim.
Don't stress about the tax debt - it won't affect your UI eligibility at all! I work in HR and have helped tons of employees file unemployment claims over the years. NYS Department of Labor only looks at your employment history and separation reason. The IRS debt is completely unrelated. Just make sure you file your weekly certifications on time once you're approved. Construction workers usually qualify easily since layoffs are so common in that industry due to seasonal work and project completions.
The whole system is so unnecessarily complicated imo. Why can't they just give you a simple chart that shows exactly what you'll get based on what you earn? Instead we have to do math every week and hope we're understanding their 'allowance' calculations correctly.
This is really helpful info everyone! I'm in a similar situation working part-time while on unemployment. One thing I'd add is that the earnings allowance calculation happens automatically when you file your weekly certification - you don't have to do the math yourself. When you report your gross earnings for the week, the system calculates the 25% allowance and any deductions for you. You can see the breakdown in your payment history on the NY.gov portal. Just make sure you're reporting gross earnings (before taxes) not your take-home pay, since that's what they base the calculation on.
Just to add - FUTA tax rate is currently 6% but employers get credits for paying state unemployment taxes, so most end up paying around 0.6%. This doesn't come out of your paycheck as an employee, it's entirely paid by employers. The money goes into trust funds that help states pay unemployment benefits when people lose their jobs.
Thanks everyone for the detailed explanations! I was really confused when I first saw FUTA mentioned in my NYS Department of Labor paperwork, but now I understand it's just the federal framework that enables the state program. It's reassuring to know that my benefits are calculated based on New York state rules and my work history here, not some federal formula I don't understand. Really appreciate this community helping newcomers like me navigate the system!
OP, just to be super clear on the process: file your initial claim on ny.gov, then you'll need to file weekly claims every week to keep getting benefits. Don't miss those weekly filings or you'll have more headaches. And start your job search log immediately since you'll need to show you're actively looking for work.
Just want to echo what everyone else is saying - file TODAY if possible! I made a similar mistake when I first lost my job and waited almost 2 months thinking I'd find something quickly. Even though I lost those weeks of backpay, I still ended up getting benefits for several months after that which really helped me get through a tough period. The application process on ny.gov is pretty straightforward, and once you get your first payment it's such a relief. Don't let the regret about waiting stop you from getting the help you need going forward. You've got this!
Ryan Kim
Just make sure you keep up with your job search log and weekly certifications. That's what actually matters for staying eligible. NYS Department of Labor is more concerned about whether you're actively looking for work than anything else.
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Dylan Evans
This is really helpful information everyone! I was also wondering about this when I first applied. One thing I'd add is that if you're concerned about your specific situation, you can always call the NYS Department of Labor directly or check their FAQ section on unemployment eligibility. The main things they care about are that you're able to work, available for work, and actively searching for employment. The drug testing worry is totally understandable but as others have confirmed, it's not part of their standard process.
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