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The real question is how many people SHOULD be on unemployment vs how many actually are. I know tons of people who got denied for BS reasons or gave up fighting the system. NYS Department of Labor makes it so hard to navigate that a lot of eligible people just stop trying.
From what I've seen working with clients in the benefits space, the official numbers don't tell the whole story. While NYS might report 180k-200k active claimants, there's a significant "hidden" population who either got discouraged by the process or are stuck in appeals limbo. The adjudication backlog is real - I'd estimate there are probably another 50k+ people waiting for decisions. Your 3-week wait is unfortunately normal, but don't lose hope. Keep documenting everything and consider reaching out to your local assemblyperson's office if it goes past 6 weeks - they sometimes have direct lines to help expedite cases.
Filed twice in the past year unfortunately - once in February 2024 and again in November when I got laid off AGAIN. Second time was definitely faster, maybe because I was already in their system? Both times had to do the job search log which is annoying but not too bad if you stay on top of it.
The whole system is a mess if you ask me. Filed in June and they flagged my claim for some random reason, took 8 weeks to sort out. No explanation, just 'additional review required.' Meanwhile bills don't stop coming...
The initial filing is quick online, but if your case goes to adjudication it can take several weeks. Make sure you continue filing your weekly claims even while waiting for the determination. If you're eventually approved, you'll get back pay for those weeks.
I was in a really similar situation last year - got fired from my retail job for attendance issues but still qualified for benefits. The key thing is that NYS looks at whether your actions were "willful misconduct." If you were late due to legitimate reasons (transportation issues, childcare problems, etc.) and can document that, it helps your case. Also, with 14 months of work history between both jobs, you should meet the wage requirements. Definitely apply - the worst case is they deny you, but many people are surprised to find out they qualify even after being terminated. Make sure to be honest about the reason for separation when you file.
To answer your specific question - yes, you're likely already liable based on what you described. With two employees, you should register with NYS Department of Labor immediately and start tracking your quarterly wages. For federal, if you're paying more than $1,500 in any quarter, you'll need to file Form 940. Better to register early and stay compliant than deal with penalties later.
Just a heads up - when you register with NYS Department of Labor, make sure you have your EIN (Employer Identification Number) from the IRS ready. You'll need it for the registration process. Also, they'll assign you a state unemployment insurance rate based on your industry type, so be prepared to provide details about what kind of business you're running. The initial rate for new employers is usually higher until you build up some history with them. Good luck with getting everything set up!
Jabari-Jo
Just wanted to add that even if your church is exempt, it's still worth keeping track of your hours and wages there for documentation purposes. You never know when that information might be needed for other benefit programs or if the church changes their election status in the future.
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Sean O'Brien
I went through something similar when I worked at a nonprofit with religious ties. The key thing is to check your actual paystub - if you see "SUTA" or "State Unemployment" being deducted, then your church is participating in the system. If not, they're likely exempt. Also, don't forget that you can always create an online account with NYS Department of Labor to view your wage history and see which employers have reported wages for you. That's probably the most reliable way to know for sure without having to ask your employer directly.
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Zoe Papanikolaou
•That's a great point about checking the paystub for SUTA deductions! I never thought about creating an online account to view wage history - that sounds like the most straightforward way to get a definitive answer. Do you know if there's a waiting period before wages show up in the system, or do they appear pretty quickly after you start working?
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