


Ask the community...
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!
Thanks everyone. I'm going to log into my.ny.gov tonight and compare my payment history with the 1099-G. Better to get this sorted out now than deal with problems later.
I went through this same situation last year! One thing that really helped me was keeping detailed records throughout the year. When you're checking your payment history on my.ny.gov, also look for any weeks where you had partial earnings reported - those can sometimes cause confusion on the 1099-G amounts. Also, if you had state taxes withheld too (which is separate from federal), make sure you're accounting for that correctly on your NY state return. The good news is that if you did have the 10% federal withholding, you're probably in decent shape tax-wise unless you had other significant income during the year.
That's really helpful advice about checking for partial earnings weeks! I didn't even think about that potentially affecting the 1099-G totals. Quick question - when you say "other significant income," what kind of threshold are we talking about? I did some freelance work in the last few months of 2024 after getting back on my feet, probably around $8k total. Should I be worried about owing a lot more in taxes beyond what was withheld from unemployment?
Just file online and see what happens. My neighbor worked at a church and got benefits last year so it's definitely possible.
I went through this exact situation with my sister who worked at a synagogue. The key thing is that under the CARES Act and subsequent legislation, religious organizations that previously opted out of unemployment insurance can now have their employees covered under certain circumstances. Your wife should definitely file through the NYS Department of Labor website - don't let the church discourage you from trying. When she files, she should list her employment accurately and let the system determine eligibility. The worst case is they deny it, but many religious workers have been successfully approved. Make sure she has all her pay stubs and employment documentation ready when she applies.
Just make sure when you file that you report your separation as 'lack of work' or 'layoff' and not 'quit' since that was your most recent job. Also be prepared to do weekly claims and job search activities once you're approved.
Based on what everyone's saying here, it sounds like you should definitely apply! I went through something similar a few months ago - got laid off from my main job but had quit a different job earlier that year. The NYS Department of Labor rep I spoke with confirmed that they only care about your most recent separation for eligibility purposes. Since you were laid off due to lack of work, that's considered involuntary and qualifies you. Just make sure you have all your employment documentation ready when you file, including your separation notice from the restaurant. Good luck!
Diego Flores
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.
0 coins
Connor O'Reilly
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.
0 coins