New York Unemployment

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Ask the community...

  • DO post questions about your issues.
  • DO answer questions and support each other.
  • DO post tips & tricks to help folks.
  • DO NOT post call problems here - there is a support tab at the top for that :)

Natalia Stone

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Just want to add - make sure your base period wages are calculated correctly. Sometimes there can be issues if your employer didn't report wages properly before you were incarcerated. You might need to provide pay stubs or other documentation to verify your work history. Also be prepared that your claim might go into adjudication while they review your case, which can add several weeks to the process.

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Ethan Wilson

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I went through this exact situation about 6 months ago after being released. The process was definitely nerve-wracking but it worked out. A few things that helped me: First, gather all your employment documents from before incarceration - W2s, pay stubs, anything that proves your work history. Second, when you file online, there's a section where you can explain gaps in employment - be honest but brief. Third, start documenting your job search immediately with dates, company names, and how you applied. I kept a simple spreadsheet that saved me when they asked for proof later. The waiting period was tough (about 4 weeks for me) but I did get approved. Don't let the fear stop you from applying - you earned those benefits through your previous work. Good luck!

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Ezra Collins

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this is why the unemployment system is so messed up, people trying to game it by collecting when they already have jobs lined up...

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Joshua Wood

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It's not gaming the system - they're still unemployed until they actually start working. There's often gaps between job offers and start dates for legitimate reasons like background checks, training schedules, or company hiring processes.

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I'm in a similar boat right now - got a job offer that starts in 2 weeks and wasn't sure about the benefits situation. From what I understand, you're technically still unemployed until your first day of work, so you should be able to continue collecting. I've been reporting my job search activities honestly in my weekly claims and plan to mention the offer when it asks about employment prospects. The important thing seems to be that you stop filing once you actually begin working, not just when you accept an offer. Has anyone had issues with NYS Department of Labor questioning this approach?

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Peyton Clarke

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This whole thing is SO confusing!! I thought if you pay taxes you can collect benefits but apparently not? What's the point of paying unemployment taxes as a business owner if you can never use them??? Makes no sense to me at all.

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Marcelle Drum

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You're paying those taxes for any employees you might have, not necessarily for yourself as the owner. But there are some exceptions as others have mentioned - it's worth exploring if you can prove involuntary closure.

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Ethan Moore

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From what I understand, there's actually a distinction between being an "officer" vs an "employee" for S corp owners when it comes to unemployment benefits. Even if you own 100% of the company, if you can demonstrate that you were functioning as an employee (receiving regular W-2 wages, following employment protocols, etc.) rather than just an officer making distributions, you might still have a case. The key is showing that your role was similar to any other employee, despite your ownership stake. I'd recommend getting a consultation with someone who specializes in unemployment law for S corp owners - the rules are really nuanced and a lot depends on how your specific situation is structured.

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Daniel White

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I've been through this exact situation! Moved from Buffalo to Chicago last year while collecting NYS unemployment and had zero issues. The key is being completely transparent - update your address in my.ny.gov immediately and answer honestly on your weekly certifications about your location. NYS doesn't care where you live as long as you're actively job searching and available for work. I kept a simple Excel file tracking every job I applied to in Chicago (date, company, position, how I applied) just in case they asked, though they never did. Your benefits will continue normally - interstate moves while unemployed are super common. The only thing that tripped me up initially was making sure I could still access the NYS website from Illinois, but that worked fine. Don't overthink it - just update your info and keep doing what you're already doing with your weekly claims. Philadelphia has a great job market too, so this move might actually help your job search in the long run!

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Gabriel Ruiz

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@Daniel White This is exactly what I needed to hear! I ve'been so anxious about this whole situation but everyone s'experiences are making me feel much more confident about the move. Your point about Philadelphia having a great job market is really encouraging too - I hadn t'thought about how the move might actually improve my job prospects. Quick question about the Excel tracking - did you include any specific details like salary ranges or job descriptions, or did you keep it pretty basic with just the essentials? I want to make sure I m'documenting everything properly in case NYS ever does ask for records.

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Emma Davis

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I'm planning to move from NYC to Seattle in a couple months while still collecting unemployment and this entire thread has been such a lifesaver! Everyone's real experiences are so much more helpful than the vague official guidance. Just to add another data point - I called NYS Department of Labor last week (took forever to get through) and they confirmed everything people are saying here. The rep told me the most important things are: 1) Update your address immediately in my.ny.gov when you move, 2) Be honest on weekly certifications about your location, 3) Keep detailed job search records for your new area, and 4) Make sure you're genuinely available and able to work. She emphasized that interstate moves are totally normal and won't affect your eligibility as long as you meet those basic requirements. I'm feeling so much more confident about the move now! Thanks to everyone who shared their experiences - this community is amazing!

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just remember that even if nys department of labor denies your initial claim you can appeal and often win at the hearing level. judges look at cases differently than the initial reviewers sometimes

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Camila Jordan

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Don't lose hope! I went through something similar when my employer contested my claim after I was laid off. The adjudication process is nerve-wracking but NYS Department of Labor really does look at all the facts. Since you mentioned you have emails about the safety concerns, definitely submit those as evidence - you can usually upload documents through your online account or mail them in. The key thing is that "poor performance" alone usually isn't enough to deny benefits unless they can prove it was willful misconduct. Keep documenting everything and filing your weekly claims like others mentioned. The backpay is worth it once it gets resolved.

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@Collins Angel You typically need to wait for NYS Department of Labor to request specific documentation during the adjudication process, but you can also proactively submit evidence by mailing it to their unemployment insurance office with your claim number clearly marked. Some people have success faxing documents too. When they send you the questionnaire about your separation which (should happen soon in the adjudication process ,)that s'usually when they ll'give you specific instructions on how to submit supporting documents. In the meantime, keep those safety concern emails organized and ready to send!

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@Collins Angel From what I remember, you usually have to wait for NYS Department of Labor to send you a questionnaire or request for additional information during the adjudication process. They ll'give you specific instructions on how to submit documents then - sometimes it s'through their online portal under a documents "or" correspondence "section," other times they want you to fax or mail them. I d'try calling them or (using that Claimyr service @Malik Robinson mentioned to ask) specifically about your case and whether they need any additional documentation from you right now.

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