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The NYS Department of Labor system is so broken. I know people who clearly don't qualify getting benefits while others who lost their jobs through layoffs get denied for random technicalities. The whole eligibility process seems arbitrary sometimes.
Based on what you've shared, you should definitely qualify for NYS Department of Labor unemployment compensation. With $18,000 in earnings from two jobs and being laid off (not fired for misconduct), you meet the basic requirements. The key things to remember: file your claim as soon as possible since there's a waiting period, keep detailed records of your job search activities, and don't get discouraged if the online system seems confusing - it's notoriously user-unfriendly. You can also visit a local career center if you need help with the application process. Good luck!
Also make sure you file your claim as soon as possible! There's no waiting period in NY but you can't get benefits for weeks before you file. Even if you're not 100% sure about eligibility, it's better to file and let NYS Department of Labor make the determination than to wait and lose potential benefit weeks.
One thing to keep in mind is that even though you were laid off due to budget cuts (which should qualify you), NYS Department of Labor will still verify the reason for separation with your employer. Make sure you have any documentation from your layoff - like a termination letter or email - in case there are any discrepancies. Also, if you received any severance pay, that might affect when your benefits start, so be sure to report it when you file. With your work history and earnings, you should definitely be eligible, so don't hesitate to apply!
Just wanted to say keep your head up! I know 6 weeks feels like forever when you're stressed about money. My fact finding took about 5 weeks but once it was approved everything moved quickly. The back pay really helped catch up on everything I'd fallen behind on.
I'm in a similar situation - filed in January after being laid off from my retail job and I'm now at week 8 of fact finding. What's really frustrating is that I called my former manager and they confirmed they already responded to NYSDOL weeks ago saying it was a clear layoff due to store closure. Yet my case is still "pending determination." I've been surviving on savings but that's almost gone now. Has anyone had luck reaching out to their local assemblyperson or senator's office? I heard they sometimes have caseworkers who can help push these things along when they're taking unreasonably long.
That's a great suggestion about contacting your assemblyperson or senator! I hadn't thought of that but it makes sense they would have people who can help navigate state agency issues. 8 weeks is definitely unreasonable, especially when your employer already confirmed it was a layoff. You might also try documenting everything - dates you submitted paperwork, when your employer responded, etc. Having a timeline could help when you reach out for assistance. I really hope you get some movement on your case soon!
THE SYSTEM IS RIGGED ANYWAY! Employers pay these tiny taxes compared to what workers need when they lose their jobs. Then they fight every claim to keep their rates low. Don't worry about your boss - worry about getting what you deserve!!!
Just to add some detail - your employer pays unemployment insurance taxes based on their "experience rating" which looks at their history of layoffs and claims. So while they're not paying for your specific benefits right now, companies that lay off workers more frequently do end up paying higher rates over time. It's designed to encourage stable employment while still providing the safety net you need. Don't let worry about your employer stop you from filing - this is exactly what the system is for!
Finley Garrett
Don't forget about the administrative assessment fee and other smaller fees that get tacked on! It's not just the basic UI rate. I was surprised my first year when the total was higher than what I calculated just using the 4.1% rate.
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Ally Tailer
•Good point - there's also the employment administration fund assessment which is a small additional percentage. NYS Department of Labor breaks it all down on their quarterly reports but it can add up.
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CyberSiren
Just went through this process last year when I started my consulting firm. One thing that really helped was calling the NYS Department of Labor directly - their employer services team walked me through the rate calculation and explained how the experience rating system works. They also sent me a packet with all the current rates and fee schedules. The phone wait was long but definitely worth it for getting clarity on exactly what I'd owe each quarter.
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Aria Washington
•That's really helpful advice about calling them directly! I've been dreading dealing with government phone systems but if they actually walk you through the calculations it might be worth the wait time. Did they also explain how often the rates can change or when you find out your new experience rating? I'm trying to plan my cash flow for the next few years.
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