How much unemployment will I get in NYC - NYS Department of Labor benefit calculation help needed
I just got laid off from my restaurant job in Brooklyn last week and need to figure out how much unemployment I can expect to get. I was making about $18/hour working around 35 hours a week for the past year. I've never filed for unemployment before and I'm totally lost on how NYS Department of Labor calculates the weekly benefit amount. Does anyone know the formula they use? I need to budget for rent and bills while I look for another job. Also wondering if working in NYC affects the amount compared to other parts of New York state?
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Mei Liu
NYS Department of Labor uses your highest earning quarter from the past 18 months to calculate your weekly benefit rate. For someone making $18/hour at 35 hours weekly, you're looking at roughly $630 per week in gross wages. The formula is roughly 50% of your average weekly wage, but there's a cap. In 2025 the maximum weekly benefit is around $504. Your earnings put you below that cap, so you'd probably get somewhere between $300-350 per week before taxes.
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AstroAdventurer
•Thanks! That's actually more than I expected. Do I need to report this income on my taxes next year?
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Mei Liu
•Yes, unemployment benefits are taxable income. You can choose to have taxes withheld from your weekly payments or pay at tax time.
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Liam O'Sullivan
just filed mine last month and the whole process is confusing AF. the nys department of labor website has a benefit calculator somewhere but it didn't match what I actually got approved for lol
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AstroAdventurer
•Did you end up getting more or less than the calculator said?
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Amara Chukwu
The calculation depends on your base period wages, which is usually the first four quarters of the last five completed quarters before you file. Since you worked consistently at that wage, you should qualify for benefits. You'll need to file weekly claims and meet job search requirements - 3 work search activities per week. Make sure you have all your employment documentation ready when you apply online at labor.ny.gov.
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Giovanni Conti
Wait I thought restaurant workers couldn't get unemployment??? My manager told me we don't qualify because we get tips. Is that true or was he lying to me?
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Mei Liu
•That's completely false. Restaurant workers absolutely qualify for unemployment benefits. Your manager was either misinformed or deliberately misleading you. Tips are part of your reported income and factor into your benefit calculation.
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Fatima Al-Hashimi
I had similar issues getting through to NYS Department of Labor when I needed to check my claim status last year. The phone lines are always busy and their online chat barely works. I ended up using this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of frustration trying to get through myself.
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AstroAdventurer
•How much does something like that cost? I'm already tight on money.
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Fatima Al-Hashimi
•It's worth checking out their site for details. For me it was way better than wasting entire days trying to reach someone at NYS Department of Labor.
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NeonNova
same boat here, got let go from my retail job in queens and still waiting to hear back about my claim amount. filed 2 weeks ago and still says pending
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Dylan Campbell
The NYS Department of Labor system is such a nightmare. I've been fighting with them for months over an overpayment notice that makes no sense. They want me to pay back money I never even received! Good luck getting any straight answers from them.
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Amara Chukwu
•That sounds like it needs an appeal. You have rights in that situation and shouldn't just accept an incorrect overpayment determination.
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Mei Zhang
Hey @AstroAdventurer, I went through this exact same process about 6 months ago when I got laid off from my bartending job in Manhattan. The benefit calculation can be tricky but here's what I learned: NYC location doesn't change the benefit amount - it's all based on NYS rates. One thing that helped me was keeping detailed records of all my reported tips since those count toward your base period wages. Also, don't stress too much about the exact amount until you get your monetary determination letter - mine was actually higher than I calculated because I forgot about some overtime pay from busy holiday shifts. The key is to file ASAP since there's a waiting period, and make sure you're doing your weekly certifications on time. The job search requirement is real but there are tons of restaurant jobs in NYC right now so you should be able to find something. Good luck!
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Emma Wilson
•@Mei Zhang This is super helpful, thank you! I didn t'even think about the overtime pay from busy shifts - I definitely had some of those during the holidays. Quick question - when you say file "ASAP ,"how long do I have before it affects my benefits? I m'planning to file this week but want to make sure I m'not missing any deadlines. Also, did you find the weekly certification process confusing at first? I m'worried I ll'mess something up and delay my payments.
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Drake
•@Mei Zhang Thanks so much for sharing your experience! That s'really encouraging to hear that your actual amount was higher than expected. I m'definitely going to dig through my old pay stubs to make sure I account for all the holiday overtime - we were slammed during New Year s'week. Did you have any trouble with the weekly certification questions? I keep hearing people say they re'tricky and I m'nervous about accidentally saying something wrong that could mess up my claim.
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