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The DOL website is SO confusing too!!! nowhere does it clearly say you have to apply immediately or lose those weeks. they should have to put that in HUGE LETTERS on the homepage!!
I've been following this thread and wanted to share some additional resources that might help. If you do end up going to a hearing, you can also contact your local legal aid society - many of them have unemployment specialists who can help you prepare for free. Also, I've found that keeping detailed records of EVERY interaction with DOL (dates, times, agent names/ID numbers, what was said) is crucial. Even if it seems minor at the time, it can become important evidence later. The system is definitely frustrating and seems designed to discourage people from pursuing what they're owed. Don't let them wear you down - you have a right to fight this!
make sure u keep track of your payroll records from day 1. nys dept of labor will want quarterly reports and if ur missing documentation they can audit u. learned this the hard way when i forgot to file my first quarter report on time
Just want to add that when you register online, make sure you have your business formation documents ready too (like your Articles of Incorporation or LLC filing). They might ask for your NAICS code as well - for landscaping that's usually 561730. Also, once you get your unemployment insurance account number, you'll need to start filing quarterly wage reports even if you haven't hired anyone yet (you'd just report $0 wages). The deadlines are pretty strict so set up calendar reminders!
Thanks for mentioning the NAICS code! I hadn't even thought about that. Quick question - do you know if there's a grace period for the quarterly reports if you literally have zero employees and zero wages to report? Or do they expect those $0 reports filed right on time regardless?
@Val Rossi Unfortunately there s'no grace period - NYS expects those quarterly reports filed on time even if you re'reporting $0 wages. I learned this when I registered my consulting business but didn t'hire anyone for the first 6 months. Still had to file those zero-wage reports every quarter or face penalties. The due dates are usually the last day of the month following the end of each quarter so (April 30 for Q1, July 31 for Q2, etc. .)Better to be safe and file on time than deal with late fees!
Document everything you can remember with specific dates, times, and witnesses. For hostile work environment claims, NYS DOL wants to see that the situation was "intolerable to a reasonable person." The age-related comments are particularly important - write down exactly what was said and when. Also gather any text messages, emails, or written schedules showing the constant changes. If you have any coworkers who witnessed the yelling or discriminatory comments, ask them to write brief statements. The fact that you complained to the district manager twice and have email proof shows you tried to resolve it internally, which strengthens your case significantly.
The age discrimination angle is really important here - those comments about the job being "too fast-paced for someone like you" could constitute age-based harassment under NY Human Rights Law. When you appeal, make sure to emphasize that this wasn't just general workplace conflict but targeted harassment based on your protected characteristic (age). Also, the constant schedule changes without notice could be seen as creating deliberately impossible working conditions. NYS DOL has been more receptive to constructive discharge cases lately, especially when there's evidence of discrimination. Since you have the emails to district management showing you tried to resolve it, that really helps establish you didn't just quit impulsively. Good luck with your appeal!
After reading through this thread, I wanted to share what finally worked for me when I was in this exact situation in February. I tried for weeks to get through the regular channels without success. What finally worked was using Claimyr (claimyr.com) to get through to an agent. Once I actually spoke to someone, they identified a system flag on my account that needed manual clearing - took the agent about 2 minutes to fix once I got through. All my pending payments hit my account 48 hours later. Their video demo (https://youtu.be/Rdqa1gKtxuE) shows how it works. Definitely worth considering if you've been stuck for 8 weeks already.
Thank you for this suggestion. I'm going to try the early morning calls tomorrow as someone suggested, but if that doesn't work I might try this service. At this point I just need to talk to a real person who can actually see what's wrong with my claim.
Just to add to this discussion - while services like that can help you reach an agent faster, you can also try contacting your state representative's office. They often have dedicated staff who can escalate unemployment issues. It's a free option worth trying if you're having trouble connecting with NYSDOL directly.
UPDATE: I finally got this resolved! After trying for days to call with no luck, I ended up using Claimyr to get through to an agent. The agent told me my account had been flagged for "quarterly review" but nobody had actually reviewed it - it was just sitting in a queue. She cleared it manually and all my pending payments were processed within 48 hours. All 8 weeks of back pay hit my account yesterday! Such a relief. Thank you to everyone for the advice and support.
Luca Greco
Just remember you'll get a 1099-G form in January showing all the unemployment income you received during the year. Make sure you include that when you file your taxes!
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Nia Harris
Great advice everyone! Just wanted to add that you can also estimate your tax liability using the IRS withholding calculator on their website. Since unemployment benefits are taxed as ordinary income, if you were in the 12% or 22% tax bracket at your previous job, the 10% withholding might not be enough. I usually recommend setting aside at least 15-20% to be safe, especially if you're also receiving benefits for state taxes in some situations.
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