New York Unemployment

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Ask the community...

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I'm currently in week 2 of this exact scenario - filed my claim after getting laid off and my former employer has been completely unresponsive to all communication since the layoff happened. Based on all the experiences shared here, it sounds like I should expect about another 1-2 weeks before getting a determination. The consistent 3-4 week timeline everyone's mentioning is really helpful for setting expectations. I've been diligent about filing my weekly claims as suggested, and I have all my layoff documentation saved. It's frustrating that employers can just ignore their obligations like this, but it's reassuring to see that NYS DOL has processes in place to handle non-responsive employers and that most people in similar situations eventually get approved. Thanks to everyone for sharing your experiences - this thread has been incredibly valuable for understanding what to expect!

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You're definitely on the right track! Being in week 2 means you're right in that sweet spot where most people start hearing back soon. I went through this same situation about 6 months ago and the waiting is definitely the hardest part, but it sounds like you're doing everything correctly. The fact that you're staying on top of the weekly claims is huge - I've seen people miss out on weeks of benefits because they thought they had to wait for approval first. Keep that documentation handy and try not to stress too much about your employer's lack of response. From everything I've seen, NYS DOL is pretty efficient at processing these cases once the employer response deadline passes. Hang in there, you're almost through the worst of it!

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I'm in almost the exact same situation - filed my claim about a week and a half ago after being laid off due to "budget constraints" and my former employer has been completely MIA since the layoff. They're not responding to anyone's calls or emails, so I'm pretty confident they'll ignore NYS DOL too. Reading through everyone's experiences here is incredibly reassuring though! The consistent 3-4 week timeline gives me realistic expectations, and I'm glad I found this thread early enough to make sure I'm filing my weekly claims (I was actually unsure about that part). I have all my layoff documentation saved including the termination letter that specifically mentions budget cuts. It's really frustrating that employers can just ghost their responsibilities like this, but it sounds like NYS DOL has seen this scenario plenty of times before. Thanks for posting this question - the responses have been super helpful for understanding what to expect!

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Just want to add that you also need to make sure you're still meeting the job search requirements even while doing freelance work. NYS Department of Labor requires proof that you're actively looking for full-time employment. Keep track of your job applications and interviews in case they audit your claim.

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I'm in a similar situation - working part-time retail while collecting benefits. One thing I learned is that you need to report your work hours AND earnings for each day you work, not just the weekly total. The NYS Department of Labor website has a specific section about partial benefits that breaks down the calculation pretty clearly. Also make sure you're marking yourself as available for work on the days you're not working your part-time gig. The system can be really picky about how you report things, so being detailed is key.

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This is really helpful - I didn't know about reporting daily hours vs weekly totals! I've just been putting in my weekly earnings when I certify. Should I go back and correct my previous certifications or just make sure I do it right going forward? Also, when you say "marking yourself as available for work" - is that a separate question on the certification or part of the work reporting section?

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Don't forget about independent contractors - they're generally exempt from unemployment tax requirements since they're not considered employees. But you have to be really careful about classification because NYS Department of Labor is cracking down on misclassification issues. If someone should be classified as an employee but you treat them as a contractor, you could be liable for back taxes and penalties.

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Adding to what others have said - one thing that caught me off guard was that the exemptions can change if your business grows. For example, if you start as a family business employing only relatives but later hire outside employees, you might lose that exemption status. Also, some exemptions have annual wage thresholds that reset each year, so you need to monitor your payroll carefully. I'd recommend keeping detailed records from day one and maybe consulting with a payroll specialist who knows NYS Department of Labor requirements inside and out. It's one of those areas where being proactive can save you major headaches down the road.

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This is really helpful advice about monitoring changes in exemption status! I hadn't thought about how hiring non-family members later could affect my current exemption. Do you know if there's a grace period when you transition from exempt to non-exempt status, or do you have to register immediately once you cross that threshold?

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good luck! most ppl who get fired still qualify unless they did something really bad

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I went through something similar when I was fired for "insubordination" after questioning a safety violation at my workplace. What really helped my case was documenting everything - I wrote down dates, times, and details of conversations with my supervisor. When I filed my unemployment claim, I was completely honest about the circumstances and provided all the documentation I had. NYS DOL approved my benefits because they determined it wasn't misconduct. My advice is to file immediately and don't let your employer's version of events discourage you from applying. The worst they can do is say no, but you might be surprised. Also keep records of your job search efforts from day one since you'll need to report that weekly.

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This is really solid advice about documentation! I wish I had thought to write everything down when it was happening. Do you think it's too late for me to start documenting things now, or should I try to write down what I remember from the termination meeting? I'm worried my memory might not be perfectly accurate since it was so stressful.

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I've been working seasonal jobs in NY for about 5 years now (summer tour guide, winter retail) and just want to echo what everyone's saying about being thorough with your documentation. One thing I learned the hard way is to keep copies of EVERYTHING - not just pay stubs but also your hiring paperwork that shows the seasonal dates, any emails about end-of-season layoffs, even your work schedules if they show the seasonal pattern. I got hit with a ton of questions during my eligibility review because my work history looked "inconsistent" to them at first glance. Also, regarding the job search requirements - I've had good luck being honest about my seasonal pattern but also showing I'm open to transitional work. So I'll apply to seasonal positions for next year but also include things like temporary holiday work or short-term contracts that fit my off-season availability. The key is showing you're genuinely looking for work that makes sense for your situation, not just going through the motions. And definitely try that online chat feature someone mentioned - it's way easier than the phone lines!

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This is such valuable advice about documentation! I'm just starting this process and realizing I need to be way more organized about keeping records. Your point about hiring paperwork showing seasonal dates is especially helpful - I have some of that but didn't think to keep copies of everything. Quick question: when you mention emails about end-of-season layoffs, did your employers typically send formal notices, or are you talking about more informal communications? I'm trying to figure out what kind of documentation I should be requesting from my seasonal employers before the next season ends. Also really appreciate the tip about mixing seasonal applications with transitional/temporary work - that seems like a smart strategy to show you're being realistic about available opportunities during off-season!

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Just wanted to jump in and share my experience as someone who's been doing seasonal work in NY for about 7 years now. I do summer work at state parks and winter snow removal for municipalities. The unemployment process definitely felt overwhelming at first, but it's become much more routine once you understand the system. One thing I haven't seen mentioned yet is that if you work for government entities (like I do), sometimes the rules can be slightly different - they might have more detailed records of your seasonal employment which can actually help your case. Also, I've found it helpful to start preparing your unemployment application while you're still working your last few weeks of the season. Get all your documentation together, review your work history, and maybe even start researching job opportunities for your search requirements. That way you can file right away when your season ends instead of scrambling to get everything together while you're already out of work. The financial impact of even a week's delay in filing can add up. For anyone just starting this process, don't get discouraged by the paperwork - seasonal work is totally legitimate and the system does recognize it once you get through the initial hurdles!

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This is really smart advice about preparing while still working! I wish I had thought of that earlier - I'm scrambling to get everything together now after my season already ended. The point about government seasonal work potentially having better documentation is interesting too. I'm curious about the timing aspect you mentioned - when you say filing right away makes a financial difference, is that because there's a waiting period, or because you can't get benefits for weeks before you actually file? I want to make sure I understand the timing correctly for future seasons. Also, your comment about it becoming routine is reassuring - this whole process feels so complex right now, but I guess like anything else, it gets easier with experience!

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