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Just to add another perspective - I work in HR and see this confusion about exemptions all the time. One thing that often surprises small employers is that they can become liable for unemployment insurance retroactively if they meet the requirements. So even if your employer genuinely believed they were exempt when you worked there, NYS Department of Labor can determine they should have been paying in and require back contributions. This actually protects workers like you because it means your benefits could be available even if there was an oversight. The state takes this pretty seriously since unemployment insurance is meant to be a safety net for all eligible workers. Definitely file your claim - the department has seen every scenario and will make the right determination based on the facts of your case.
This is really valuable insight from the HR perspective! I had no idea that employers could become liable retroactively - that's actually a huge relief to know. It makes total sense that the state would want to protect workers even when there are employer oversights. Your explanation about it being a safety net for all eligible workers really drives home why I shouldn't hesitate to file. I was worried about wasting everyone's time if my employer was truly exempt, but now I understand that the NYS Department of Labor investigation process is designed to catch these exact situations. Thanks for sharing your professional experience - it's given me the confidence to move forward with my claim!
I went through something very similar when I left a small nonprofit organization. They insisted they were exempt because they had religious affiliations and only 5 employees, but when I filed my claim, NYS Department of Labor found that they actually should have been paying unemployment insurance for the past two years. The investigation took about 3 weeks, but I ended up receiving full benefits retroactively. What really helped my case was that I had kept pay stubs and could provide details about my work schedule and duties. Even if you're not sure about your employer's status, gather any documentation you have (pay stubs, tax forms, employment letters) before you file - it can speed up the process significantly. The department agents are actually really helpful once you get through to them, and they'll walk you through exactly what information they need to make a determination about your specific situation.
good for you for trying to better yourself! the job market sucks right now so might as well use the time to learn something new
I went through this exact situation about 8 months ago and here's what I learned: You absolutely need to contact your local One-Stop Career Center BEFORE enrolling in any classes. They can help determine if you qualify for programs like WIOA or TAA that will actually pay for your training. I ended up getting approved for a web development bootcamp that was 100% covered, and I was able to continue receiving UI benefits throughout the program. The key is getting the proper approval first - don't just enroll and hope for the best. Each local office has slightly different procedures, so definitely go in person if you can rather than trying to navigate this over the phone.
@Olivia Evans Thanks for sharing your success story! I m'really interested in the web development bootcamp you mentioned - do you mind sharing which one it was or how you found programs that were approved for funding? I ve'been looking at coding bootcamps but most of them are pretty expensive, so knowing there are options that can be fully covered through these programs is amazing. Also curious if the bootcamp helped you land a job afterward, since that s'obviously the end goal here!
@Olivia Evans This is such valuable information! I ve'been hesitant to even look into training programs because I was worried about jeopardizing my UI benefits. Your experience gives me confidence that there s'a legitimate path forward. Quick question - when you were in the web development bootcamp, were you still required to do the weekly work search activities, or did participation in the approved program count toward those requirements? I m'trying to understand how the logistics work once you re'actually enrolled in an approved program.
Just a heads up - if you're running QB Desktop 2022 or older, you might need to manually download the latest tax tables to get the correct 2025 wage base limits. The automatic updates sometimes don't include all the state-specific changes for unemployment insurance.
I work in payroll for a small business in NY and we had this exact same issue earlier this year. After updating the wage base in QB, make sure you also run a liability adjustment report to see if any employees were incorrectly charged UI tax on wages above $12,800. You might need to process manual adjustments for those employees and file amended returns with NYS Department of Labor if the overage was significant. Also, double-check that your company's SUI rate is correct in the system - sometimes QB doesn't pull the right rate from your Department of Labor account.
This is really helpful information! I'm new to handling payroll issues with NYS Department of Labor but we're definitely going to need to run those liability adjustment reports you mentioned. Do you happen to know if there's a specific form we need to use for the amended returns, or do we just file a corrected quarterly report through the regular DOL portal? We want to make sure we get this right since it's our first time dealing with this kind of correction.
I'm currently dealing with this exact situation! Got laid off from my administrative job in March and started taking one evening business class at the local community college. I've been really careful to keep it to just 3 credits and scheduled it for Tuesday/Thursday 6:30-8:30pm so it doesn't interfere with daytime job opportunities. On my weekly certifications, I always mark that I'm available for work because my class schedule wouldn't prevent me from accepting a full-time position. So far I haven't had any issues with NYS Department of Labor, but I'm always nervous about it when I file each week. The class is actually helping me learn skills that are relevant to the jobs I'm applying for, which I think could be a positive if they ever ask about it. Just make sure whatever you choose doesn't limit your availability during normal business hours!
Your approach sounds really smart, Miguel! Keeping it to just 3 credits and those specific evening hours shows you're being strategic about maintaining work availability. I'm in a similar boat - got laid off last month and am considering starting some classes. The fact that your class is teaching relevant job skills is actually a great point - it shows you're using the time productively to improve your employability rather than just going to school randomly. I think that kind of purposeful education could actually work in your favor if NYS Department of Labor ever questions it. Thanks for sharing your timeline and credit details - it's really helpful to hear from someone currently managing this balance!
I've been in a similar situation and wanted to share what worked for me. After getting laid off from my office job, I enrolled in one 3-credit online certification course related to my field. The key was choosing something completely self-paced with no set meeting times. This way, I could honestly answer "yes" to being available for work on my weekly claims since there was literally nothing preventing me from accepting a job at any time. I even mentioned the course in a couple job interviews as evidence that I was staying current with industry trends, and employers seemed to appreciate the initiative. The course ended up actually helping me land my next position! My advice would be to stick with part-time, flexible scheduling, and make sure whatever you choose genuinely enhances your job prospects rather than just being random coursework.
Zainab Omar
Just wanted to share my recent success story to give you hope! I was in the exact same situation 3 weeks ago - had to file a new claim but was missing 4 weeks of payments from my previous claim that just never came through even though I certified properly. After reading advice similar to what's been shared here, I called Monday morning at exactly 8:00 AM and got through on the second try. The key was asking specifically for the "Payment Resolution Unit" right from the start instead of trying to explain my situation to the general customer service rep. The specialist I spoke with (her name was Maria) was incredibly helpful and knowledgeable. She pulled up both my claims immediately and could see exactly what had happened - my certifications were all processed correctly but there was some kind of system glitch that prevented the payments from being released. She was able to manually push through all 4 missing payments while I was still on the phone, and I actually got confirmation emails within an hour of hanging up. The money hit my account over the next 3 days (not all at once, but one or two payments per day). Total time from phone call to having all my money was less than a week. Don't let anyone tell you that you can't get back pay after filing a new claim - you absolutely can and should! Just be persistent and make sure you get to the right department. Good luck!
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Javier Torres
•This is exactly what I needed to hear! I've been so stressed about losing those 3 weeks of benefits. I'm definitely going to try calling Monday morning at 8 AM and ask specifically for the "Payment Resolution Unit" right away. It's so helpful to know that someone just went through this successfully and got their money within a week. Did you have to provide any specific documentation or did Maria just find everything in the system? I've been keeping screenshots of my certification confirmations just in case, but sounds like they can see it all on their end. Thank you for sharing your success story - gives me hope that this will actually work out!
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Natasha Volkov
I'm in a very similar situation right now - just filed a new claim yesterday but have 2 unpaid weeks from my previous claim that I'm really worried about losing. This thread has been incredibly helpful! Based on everyone's advice, I'm planning to call Monday morning at 8 AM sharp and ask specifically to be transferred to the "Payment Resolution Unit" right from the start. I've already gathered my old claim number, the exact dates of my missing weeks, and screenshots of my certification confirmations. One question for those who got their back pay successfully - did you notice any difference in how your new claim was processed while the old back pay issue was being resolved? I'm worried that having an open issue with the previous claim might somehow delay or complicate my new benefits. Thanks to everyone who shared their experiences - it's such a relief to know this is fixable and that other people have actually gotten their money back!
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