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Make sure you request the hearing be conducted in writing if you're not comfortable speaking. You have that right and sometimes it's easier to present your case clearly in a written statement with all your evidence attached.
I went through this exact situation about 6 months ago and won my appeal! The most important thing is to create a timeline showing exactly what you reported each week versus what you actually earned. I made a spreadsheet with columns for: week ending date, gross earnings, hours worked, what I reported on my weekly claim, and any notes about why I reported it that way. The hearing officer could see that I was consistently following the same reporting method based on how I understood the instructions. Also, if you ever called the NYS Department of Labor helpline for guidance on how to report earnings, mention that in your appeal - it shows you were trying to do the right thing. Good luck, don't let them intimidate you into paying if you genuinely reported everything correctly!
This whole AI thing is just the beginning. Companies are going to keep replacing people with computers and the government isn't doing anything to protect workers. At least unemployment benefits exist but they're not gonna last forever if everyone loses their jobs to machines.
I'm going through something similar right now - my company just announced they're "streamlining operations" with new software that basically does what my whole department used to do. Haven't been laid off yet but writing is on the wall. Really appreciate everyone sharing their experiences here because I had no idea how unemployment would work in this situation. Good to know NYS treats it as lack of work rather than some weird gray area. Saving all this info for when I inevitably need it.
unpopular opinion: maybe try the unemployment office in person? everybodys always calling and doing stuff online but i went to the office in queens and got my issue fixed same day. just bring ID and proof of ur new bank account
This is such a nightmare! I went through something similar last year when my bank merged with another one and changed all the routing numbers. The NY unemployment system is seriously broken when it comes to updating payment info. What finally worked for me was calling at exactly 8:00 AM on a Tuesday and staying on hold for 2.5 hours until I got a human. The rep told me that the online system has known issues with bank updates and they basically expect people to call. Super frustrating but once I got through, they fixed it immediately and released my pending payments within 24 hours. Don't give up - your money is definitely still there, just stuck in the system!
There's a lot of confusion on this topic because the rules changed during COVID and then changed back. Let me break it down: • Pre-COVID: Unemployment benefits were 100% taxable • 2020 only: The first $10,200 was tax-free federally (American Rescue Plan) • 2021 and beyond: Back to being 100% taxable So your friend was partly right - there WAS a time when some unemployment wasn't taxed, but that ended. If you're receiving benefits now, they are definitely taxable. You have two options: 1. Continue withholding taxes now (what you're currently doing) 2. Stop withholding but set aside money yourself for tax time Personally, I recommend keeping the withholding to avoid a nasty surprise when filing. If you need to change your withholding settings and can't figure it out online, good luck reaching someone by phone! After weeks of trying, I finally used claimyr.com to get through to a live agent. It was a game changer - finally got all my questions answered in one call instead of endless busy signals.
Wait, I'm so glad I found this thread! I'm in the exact same situation - just started collecting unemployment last month and was totally confused about the tax thing. My sister told me the same thing about unemployment not being taxed anymore, but everyone here is saying otherwise. I guess I should probably elect to have taxes withheld then? I was planning to opt out because I need every dollar right now, but sounds like that might bite me come tax season. How much do they typically withhold? Is it a flat percentage or does it depend on your benefit amount? Also seeing lots of mentions of claimyr.com - has anyone actually used this successfully? The NY unemployment phone system is absolutely brutal and I've been trying to get through for days about a different issue with my claim.
Austin Leonard
Don't forget to include the determination number from your letter and be super clear about what decision you're appealing. I made the mistake of being vague in my first appeal and they rejected it for lack of specificity. Had to start over.
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Savannah Vin
•Oh wow, I didn't know they could reject appeals for being too vague. I'll make sure to reference everything specifically. Thanks for the warning!
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NightOwl42
Also make sure to write a timeline of events leading up to your layoff. Include specific dates when you first heard about budget issues, any meetings about restructuring, the exact date you were notified of termination, and your last day of work. This helps establish a clear pattern that shows it was the company's decision, not yours. I'd also suggest getting a letter from HR or your manager if possible confirming the layoff was due to budget cuts. The more documentation you have, the stronger your case will be.
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