


Ask the community...
The whole system is rigged against small business owners anyway. We pay all these taxes for years and then when we need help the most they make it impossible to get benefits. Typical government BS if you ask me.
I'm going through something similar right now - had to close my consulting business after losing my biggest client. From what I've researched, it really comes down to how you structured your business and paid yourself. If you were an LLC or corp and took W-2 wages with unemployment taxes withheld, you might qualify since you technically had an employer-employee relationship with your own business. The key is proving you were an "employee" of your business, not just the owner. I'd definitely apply - the application process will help clarify your eligibility and you'll get a definitive answer from NYS DOL.
Anyone else notice how they're quick to take our money for overpayments but slow af to pay out benefits? 🙄 Make it make sense.
Preach! 🙌 It's almost like they don't want us to have money or something 🤔
Conspiracy theory: they're hoping we'll just give up and stop claiming 👀
I went through something similar last year! In my case, they automatically deducted from my weekly benefits until the overpayment was cleared - took about 6 weeks total. The key thing is to make sure you keep certifying each week even while they're deducting, otherwise you might miss out on benefits once the overpayment is resolved. Also, definitely check your online account regularly for any notices or updates. Sometimes they send important info there that doesn't come by mail. Hope this helps and that you get it sorted out soon! 🤞
Just got my hearing date! April 15th, so about 3 weeks from now. They sent instructions for the phone hearing and said both me and my former employer will be called. I'm nervous but feeling more prepared thanks to everyone's advice here. I've gathered all my evidence and am rehearsing how to clearly explain what happened. Will update after the hearing!
Great news! Make sure you're in a quiet place with good phone reception for the hearing. Have your documents organized and in front of you. Write down key points you want to make. If the employer says something untrue, wait for your turn to speak rather than interrupting. The judges appreciate organized, fact-based presentations. Good luck!
I went through this exact situation back in 2023 and won my appeal! The key thing that helped me was getting a letter from HR confirming the layoff was due to company restructuring, not voluntary resignation. If your company has HR, reach out to them ASAP - they often have standard forms for this. Also, don't panic about the 30-day deadline - you have time to gather evidence properly. I'd recommend writing a brief timeline of events leading up to your termination and any witnesses who can verify you were laid off. The appeal hearing was actually less intimidating than I expected - just answer questions directly and honestly. You've got this!
This is really helpful advice! I wish I had thought to contact HR earlier - I was so focused on gathering the documents I already had. Unfortunately my company's HR department was also laid off during the restructuring (small company), but I do have that termination email from my manager that specifically mentions "position elimination due to restructuring." I'm hoping that plus the text message screenshots will be enough evidence. Your point about writing a timeline is great - I'm going to do that this weekend to organize my thoughts before the hearing. Thanks for the encouragement!
honestly the whole system is set up to deny claims anyway so you might as well try. worst case they say no and youre in the same spot you are now
That's not really accurate - NYS Department of Labor approves many claims from people who quit for good cause. The key is having proper documentation and meeting the legal requirements.
I was in almost the exact same situation last year with schedule changes and my manager making work impossible. What helped me was keeping a daily log of every incident - when they changed my schedule, what they said to me, how it affected my ability to do my job. When I finally quit and filed for unemployment, I had three months worth of detailed records. NYS Department of Labor approved my claim and said the documentation really helped my case. Start keeping records now even if you haven't decided to quit yet.
This is really helpful advice about keeping a daily log! Did you include things like text messages or emails from your manager in your documentation, or was it mostly just written notes about what happened? I'm trying to figure out what kind of evidence would be strongest for my situation.
Elijah O'Reilly
Also bring your alien registration number if you're not a US citizen - they need that for work authorization verification. And if you have any union information that's helpful too since it affects your benefit calculation.
0 coins
Natalie Adams
One thing people forget is if you had any severance pay or vacation payout when you left your job, NYS Department of Labor needs to know about that too. It can affect when your benefits start.
0 coins
Gabriel Graham
•Good point! I did get a small vacation payout. Do I need documentation for that or just need to report it?
0 coins
Dmitry Ivanov
•You should have documentation if possible - like your final pay stub showing the vacation payout or a letter from HR. But if you don't have it, you can still report the amount and dates. NYS DOL may follow up with your former employer to verify, so just be accurate with the numbers and timing.
0 coins