UGH this happened to my friend too. These companies think they can just avoid paying unemployment taxes by calling everyone contractors. At least NYS Department of Labor investigates these cases but it shouldn't be on the worker to prove they were misclassified. The whole system is backwards.

I went through something similar a few years back. The key thing to know is that NYS Department of Labor takes worker misclassification seriously and they have specific procedures for these situations. When you file your claim, make sure to select the option for "disputed wages" or "missing wage records" - this will trigger their investigation process. Document everything you can: emails about schedules, company handbook references treating you as staff, any benefits they offered, tax documents they gave you (1099 vs W2), etc. The investigation might take time but if they rule the employer misclassified you, you'll not only get your unemployment benefits but the employer will face penalties for not paying their share of unemployment taxes. Don't let them intimidate you - this is exactly what the system is designed to handle.

I had the same issue when I first filed! The calculation seemed wrong but it turned out one of my previous jobs hadn't reported my wages correctly to NYS Department of Labor. I had to get my old pay stubs and contact them to get it fixed. Took about 3 weeks but they did adjust my weekly amount upward. If you think there's an error, definitely appeal or at least call to ask about it.

The whole system is a joke honestly. They use this ancient formula that doesn't reflect what people actually need to live on. $184 a week? That's nothing in NY! And good luck getting anyone to explain it properly or fix errors.

Actually had a similar situation when I got laid off from my bartending job - the seasonal nature of restaurant work really messes with the base period calculations. Ended up getting it recalculated and my weekly went up by like $80. Definitely worth asking about if your recent earnings were higher.

The base period calculation definitely catches people off guard! I went through this same confusion when I filed last year. One thing that helped me understand it better was looking at my actual quarterly earnings on the NYS Department of Labor website - you can log into your account and see exactly which quarters they used and the amounts. It really shows you why your benefit might be lower than expected if you had a recent pay increase or seasonal work patterns. Also, even though $347 might seem low compared to your recent pay, remember that unemployment benefits aren't taxed the same way as regular wages, so the actual difference in your take-home might not be as dramatic as it first appears.

wait so if you quit you can still get unemployment?? I thought that was automatic disqualification

Just want to add that if you do decide to quit, make sure you exhaust all internal remedies first if possible - like filing complaints with HR, requesting transfers, or asking for mediation. The Department of Labor will look at whether you made reasonable efforts to resolve the situation before quitting. Also, keep in mind that even if you qualify for benefits after quitting, there might be a waiting period before payments start. I'd suggest consulting with an employment attorney if the situation is really severe - some offer free consultations and can help you understand if your case would meet the "good cause" standard.

same thing happened to my cousin last year and she got approved no problem. just took forever because of all the adjudication backlog

I went through something similar about 6 months ago - got let go for "not meeting performance standards" even though I was genuinely trying my best. The whole process felt really unfair since they never gave me proper feedback or a chance to improve. I filed for unemployment benefits right away and got approved after about 4 weeks of waiting. NYS Department of Labor really does look at whether you were willfully doing something wrong versus just struggling with the job requirements. In my case, they determined it wasn't misconduct since I was following all the rules and putting in effort. My advice is to file immediately and be honest about the circumstances - don't let them scare you out of applying for benefits you're entitled to. The worst case is they deny it and you can appeal, but performance issues alone usually don't disqualify you.