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I went through the same situation a few months ago when I started my new job. NYS DOL didn't contact my employer at all - they rely on their quarterly wage reporting system to verify employment. As long as you're honest about your work hours and earnings on your weekly certifications, you shouldn't have any issues. The key is just being accurate and timely with your reporting. Your new employer won't even know you were on unemployment unless you tell them.
I had a similar worry when I got my new job last year. NYS DOL never contacted my employer directly - they have automated systems that cross-reference your reported wages with employer quarterly reports, so they don't need to make phone calls unless there's a red flag. Just keep filing your weekly certifications accurately until your benefits end, and you should be all set. Your employer likely won't even know you were collecting unemployment benefits unless you mention it yourself.
Just to confirm what others said - no Social Security tax on UI benefits. But definitely consider withholding because unemployment income can push you into a higher bracket when combined with your regular job income from earlier in the year.
I went through this same situation last year when I was laid off from my retail job. Emma and Isabella are absolutely right - no FICA taxes on unemployment benefits, but they're fully taxable as regular income. I'd strongly recommend having the 10% federal withholding taken out when you certify each week. Even though it reduces your weekly payment, it saves you from a big tax bill later. You can change your withholding election anytime through the NY DOL website or by calling them. Trust me, it's worth the smaller weekly payments to avoid scrambling for tax money in April.
Good luck with your hearing! I had one last year for a different reason and the judge was actually pretty fair. Just stick to the facts and don't get emotional even if your employer says things that upset you. The burden is on you to prove good cause for quitting, so focus on presenting your evidence clearly.
I went through something similar about 6 months ago when I quit due to discrimination issues at my job. One thing that really helped me was organizing everything chronologically - I made a timeline with dates, what happened each time, and any evidence I had for each incident. The judge appreciated having it laid out clearly. Also, if you have any documentation showing you tried to follow company policy for reporting these issues (like employee handbook procedures), bring that too. It shows you were trying to work within the system before quitting. Don't forget to bring proof of your job search efforts since quitting - it shows you're actively trying to get back to work. The whole process was nerve-wracking but the judge really did seem to want to get to the truth of what happened.
This is really helpful advice, thank you! I never thought about creating a chronological timeline - that's a great idea to keep everything organized. I do have my employee handbook and can show I followed the reporting procedure by complaining to the shift manager. Quick question - what kind of job search documentation did you bring? Just applications I've submitted or something more detailed?
I'm dealing with the exact same situation right now! My claim has been under fact finding for about 3 weeks and like you, I haven't received any notification about what they need. I've been calling every morning but can't get through. One thing I learned from a friend who went through this is that sometimes the fact finding gets triggered automatically by their system when there's a minor data mismatch - could be something as simple as your employer reporting a slightly different last work date than what you put on your application. The frustrating part is they don't tell you what specifically triggered it. I'm planning to try that proactive document submission approach that Evan mentioned - seems like it can't hurt to get ahead of whatever they might be looking for.
@Mia Green It s'somewhat comforting to know I m'not the only one dealing with this right now, though I wouldn t'wish this stress on anyone. Three weeks is even longer than what I m'dealing with - that must be incredibly frustrating. The idea that it could be triggered by something as minor as a date discrepancy is both reassuring and infuriating at the same time. I think I m'going to follow your lead and try the proactive document approach too. Do you happen to know if there s'a specific format they prefer for the cover letter, or should I just keep it simple and explain the situation?
I feel your frustration - the uncertainty is almost worse than knowing there's actually a problem. I went through a similar situation about 6 months ago where my claim got flagged for fact finding with no explanation. In my case, it turned out my previous employer had reported conflicting information about my separation date to the state, but I didn't find this out until I finally got through to a rep after weeks of calling. What helped me was keeping a detailed log of all my attempts to contact them (dates, times, how long I waited on hold) and also documenting my original employment situation with dates and details. When I finally did speak to someone, having all that information ready made the conversation much more productive. The whole process took about 5 weeks total, but once they had the clarification they needed, my back payments were released pretty quickly. Hang in there - it's incredibly stressful but most fact finding issues do get resolved eventually.
Makayla Shoemaker
If you're having trouble getting through to NYS Department of Labor by phone to ask questions before filing, I recently discovered this service called Claimyr (claimyr.com) that can help you get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. I was stuck trying to reach someone for days about my adjudication status and this actually got me through to talk to a real person at NYS Department of Labor within a few hours.
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Christian Bierman
•Never heard of that but honestly anything that helps with the phone system sounds worth trying. I spent 3 hours on hold last month and still got disconnected.
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Makayla Shoemaker
•Yeah, the regular NYS Department of Labor phone lines are brutal. This service basically handles the waiting and calling back for you, which was a lifesaver when I needed to talk to someone urgently about my claim.
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Emma Olsen
Just file online today! I made the mistake of overthinking it when I got laid off and lost out on like $400 because I waited too long. The my.ny.gov site walks you through everything step by step.
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NebulaNinja
•Thanks Emma, that's the push I needed! I'm going to file today. $400 is way too much to lose just from procrastinating. Did you run into any confusing parts when you were filling it out, or is it really as straightforward as everyone says?
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