The whole system is designed so that employers pre-pay into the fund based on their payroll size. In New York, employers pay both state and federal unemployment taxes. The money sits in the unemployment insurance fund until workers need it. Your claim is paid from that pool, not directly from your former employer's pocket.

This is really helpful info! I was worried my former employer would be upset about my unemployment claim, but knowing they've already been paying into the system through payroll taxes makes me feel better about filing. Just to clarify - when people mention the tax rate going up based on layoff history, is that something that happens immediately or does it take time to affect their rate? I'm curious how quickly those adjustments happen in the NYS system.

i literally spent 3 weeks calling every day, multiple times a day, and could never get through to a human to fix my identity theft case. ended up having to contact my state representative who finally got someone to call me back. try that if all else fails.

I'm dealing with the exact same thing right now! Just got a letter yesterday saying benefits were filed in my name back in March - I've been at my current job for 2 years straight. It's so frustrating because you feel completely helpless when your identity gets stolen like this. I've already filed the police report and contacted the fraud department, but like everyone else is saying, getting through to an actual person seems impossible. Reading through all these comments makes me feel a little better knowing I'm not alone, but also terrified that this could drag on for months. Going to try some of the suggestions here like the FTC complaint and maybe that Claimyr service if I can't get through on my own soon. Thanks for posting this - it's helpful to see what others have gone through!

have u tried calling the automated phone system? sometimes it has more updated info than the website

@OP - any updates? Did your backpay come through yet?

Quick update on this issue - I've been handling NY unemployment claims for years, and there's actually been a rise in these "phantom forfeit days" since the system upgrade in February 2025. If you're experiencing this, specifically request that the agent check the "Penalty Enforcement and Resolution System" (PERS) database, not just the regular claims system. They need to do a cross-reference to identify duplicate penalty applications. The backpay is automatically processed once the duplicate is confirmed and removed.

Just wanted to follow up - were you able to get through to them? If you're still having trouble reaching someone, that Claimyr service I mentioned really did save me days of frustration. The agent I spoke with said they're seeing this forfeit day issue a lot lately and have a specific protocol for fixing it now.

I'm going through the same thing right now!! Filed 2 weeks ago and still pending. It's so stressful not knowing when the money will come. Did you get laid off or were you fired? I'm worried because I was technically terminated but it was just because our whole department got eliminated.

I went through this process about 6 months ago and it took exactly 18 days from filing to receiving my first payment. The key thing that helped speed mine up was making sure I had all my employment documentation ready - like pay stubs from the last 6 weeks and my termination letter. Also, definitely start filing your weekly claims now even though your initial claim is pending! I made that mistake and it delayed my payments by an extra week. The online system updates usually happen overnight, so check your status first thing in the morning rather than throughout the day.