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Just wanted to add that even if you have restrictions on certain types of work due to your conviction, you can still receive benefits as long as you're available for work that you're legally able to perform. NYS Department of Labor understands that some people have limitations and they work with that.
I'm in a similar situation - have a felony from 2020 and recently became unemployed. Reading through these responses is really helpful and encouraging. It sounds like the key is that unemployment benefits are based on your work history and contributions, not your criminal background. I was also worried about applying but now I feel more confident about filing my claim. Thanks everyone for sharing your experiences!
Yeah the whole system is designed so employers can't mess with your benefits once you qualify. They already paid into the system through their payroll taxes. NYS Department of Labor handles everything from there. Your benefit amount is calculated from your work history, not whatever your old boss thinks you deserve.
Just to add some specific details - NYS employers pay UI taxes on wages up to $12,300 per employee (as of 2024). The tax rate varies by employer based on their "experience rating" - companies with more former employees who claimed unemployment pay higher rates. So while your individual employer isn't writing you a check each week, they definitely contributed to the fund that's paying your benefits. The system is designed to be fair and remove any personal dynamics between you and your former boss from the equation.
one thing that helped me: document EVERYTHING. every call, every letter, every email. if you get a hearing, the more documentation you have, the better. take screenshots of your bank statements too if this is about wage discrepancies.
I'm dealing with the exact same situation right now - filed my appeal in June for a wage discrepancy issue and still waiting for a hearing date. It's incredibly frustrating when you know they're wrong but have to wait months just to prove it. I've been calling regularly and getting the same "it's in process" responses. From reading everyone's experiences here, it sounds like 4-6 months is unfortunately normal, but I'm definitely going to try calling my state representative like some of you suggested. Has anyone had luck with the secure messaging system for getting updates on appeal status? Also planning to gather all my pay stubs and bank statements now so I'm ready whenever they finally schedule it. Hang in there - sounds like most people who stick it out eventually win their appeals.
The work authorization requirement is federal law, not just a New York thing. Even though your friend has been contributing through payroll taxes, the Social Security Administration and Department of Labor systems are connected to immigration databases. When NYS Department of Labor processes a claim, they verify work eligibility through these federal systems. If you're having trouble reaching someone at NYS Department of Labor to get official confirmation, I've heard people mention using claimyr.com to get through to an agent faster. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works.
I work with an immigration advocacy group and can confirm what others have said - undocumented workers cannot receive regular UI benefits in NY despite paying taxes. However, your friend should know about a few alternatives: 1) Some counties have emergency rental assistance that doesn't check immigration status, 2) Food pantries and community organizations often provide help without documentation requirements, 3) If they were injured on the job, workers' compensation doesn't require legal status verification. I'd suggest contacting the New York Immigration Coalition or Make the Road NY - they have resources specifically for situations like this and can connect your friend with local assistance programs.
Amelia Cartwright
This system is so broken!! I've been waiting 3 months for payments and every time I call they give me a different excuse. First it was ID verification, then job search requirements, now they're saying something about my employer response. Meanwhile I'm behind on everything and they act like it's no big deal.
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Chris King
•I feel you completely. The NYS Department of Labor system is a nightmare to navigate when you actually need help.
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Felix Grigori
I'm going through something similar right now - filed for 3 weeks, everything shows processed but no payments. After reading through these comments I'm going to check my inbox more carefully for any verification requests I might have missed. It's so frustrating that the system can show "approved" when there are still backend issues preventing payment. Has anyone found the best time of day to try calling the NYS Department of Labor? I've been trying mornings but maybe there's a better window.
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