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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!
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.
CosmicCommander
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.
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Giovanni Colombo
•This! My neighbor got disqualified because she missed ONE job search requirement deadline and now she's working two part time jobs just to survive.
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Sophia Russo
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.
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