New York Unemployment

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I just went through the furlough unemployment process in NY a few months ago and wanted to add a few things that really helped me. First, definitely file your claim online at labor.ny.gov the day after your last day of work - don't wait! The system can be slow to process claims so getting in early is key. One thing I wish someone had told me is to take screenshots of everything when you file and save confirmation numbers. I had a glitch where my claim seemed to disappear from the system and having those screenshots saved me weeks of hassle. Also, when you're doing your weekly certifications, there's usually a question about whether you expect to return to work - answer honestly that yes, you expect to return to your employer after the furlough. This won't disqualify you since you're still unemployed right now. The job search requirement can feel weird when you're furloughed, but I just applied to a few positions each week in my field and kept records. You never know - the furlough might become permanent, so it doesn't hurt to keep your options open anyway.

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@Sofia Torres This is really solid advice! I m'dealing with a furlough starting next week and the screenshot tip is brilliant - I never would have thought of that but it makes total sense given how glitchy government websites can be. Quick question about the job search requirement - did you find that employers understood when you mentioned you were currently furloughed but looking at options? I m'worried about how to explain that in applications without sounding like I m'not serious about the position.

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I'm currently going through a furlough situation too - started last Monday. Just wanted to confirm what others have said: yes, you can definitely file for unemployment benefits in NY as a furloughed employee! I filed my claim online the day after my last work day and it was pretty straightforward. The system asks about your employment status and there's an option for "temporarily laid off" which covers furloughs. One tip that helped me - when they ask for your employer's information, make sure you have their full legal business name and FEIN number ready. You can usually find this on your pay stub or W-2. Also, don't stress too much about the job search requirement - I've been applying to a few positions each week just to meet the requirement, but you're not expected to take another job if your employer calls you back early. The benefits have been processing normally for me so far. Hang in there - this situation is stressful but the unemployment system does work for furloughed workers!

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This is really helpful info! I'm in a similar situation and was confused about the rules. One thing I want to add - make sure you report your earnings for the week you actually perform the work, not when you get paid. I made that mistake early on and it caused some confusion with my claim. The NYS DOL website has a good FAQ section about partial unemployment that breaks down all the scenarios if you want more details.

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That's a really important distinction about reporting earnings for when you work vs when you get paid! I almost made that same mistake. Thanks for mentioning the FAQ section too - I'll definitely check that out for more details about my specific freelance situation.

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One more thing to keep in mind - if your freelance work is inconsistent week to week, you'll need to report different amounts each time you certify. I do some consulting work and some weeks I earn $50, other weeks $120. Just be prepared for your unemployment payment to fluctuate accordingly. Also, save all your records of what you earned and when you worked because NYS DOL can ask for documentation during their periodic reviews. Better to be over-prepared than scrambling to find paperwork later!

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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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