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Isabella Tucker

How to close employer unemployment account with NYS Department of Labor

My small business is shutting down permanently next month and I need to figure out how to properly close my employer unemployment account with NYS Department of Labor. I've been paying into the system for about 8 years but I'm not sure what steps I need to take to officially close everything out. Do I need to file any final paperwork? What happens to any remaining balance in my account? I want to make sure I don't get hit with penalties or continued billing after we close. Has anyone been through this process before?

Jayden Hill

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You'll need to file a final quarterly report (NYS-45) and notify NYS Department of Labor in writing about your business closure. Make sure to include your final date of operation and that you have no employees. You should also file any outstanding wage reports and pay any remaining UI contributions owed.

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Thanks! Do I need to send the written notice to a specific department or just mail it to their main office?

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LordCommander

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been there! closed my restaurant in 2023. you gotta make sure all your employees get their final pay stubs and that you've reported all wages through the last quarter. NYS Department of Labor will send you a final bill if you owe anything

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Did they give you any trouble about the closure or was it pretty straightforward once you filed everything?

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LordCommander

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pretty smooth actually, just took about 6 weeks to get the final clearance letter

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Lucy Lam

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Contact NYS Department of Labor directly to get the exact forms you need. The process varies depending on whether you have outstanding claims against your account. You might need to maintain some liability for a period after closure if any former employees file for benefits. I had to deal with this when I helped a client close their business - trying to reach someone at NYS Department of Labor was impossible with their phone system. I ended up using Claimyr.com to get through to an actual agent who walked me through the whole process. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works.

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Aidan Hudson

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never heard of that service before but might be worth it if their phones are still as bad as they used to be

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Zoe Wang

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WAIT - don't forget about WARN Act requirements if you have more than 50 employees! You need 60 days notice for mass layoffs. Also check if you owe any back taxes before closing.

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Only have 3 employees so I think WARN doesn't apply but good point about checking for back taxes

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omg this is exactly what i'm going through right now!! my boutique is closing in january and i have no idea what paperwork i need. following this thread

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Jade Lopez

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@Connor Richards Same boat here! From what I m'gathering from this thread, the key steps seem to be: 1 File) final NYS-45 quarterly report, 2 Send) written notice to NYS DOL about closure with final operation date, 3 Make) sure all final wage reports are filed, 4 Pay) any outstanding UI contributions. The tricky part seems to be actually getting through to someone at NYS DOL to confirm everything is properly closed out. Might be worth looking into that Claimyr service Lucy mentioned if their phone system is still a nightmare.

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Make sure to also notify your state disability insurance carrier if you have one, and don't forget to cancel any workers' compensation coverage. I went through this process last year and almost got stuck with continued premiums because I forgot to officially terminate those policies. Also, keep copies of everything you file - the final clearance letter is important for your records in case any issues come up later. The whole process took about 2 months for me from start to finish.

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Sofia Gomez

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Great point about the workers' comp coverage! I hadn't even thought about that. Two months sounds reasonable for the whole process. Did you have any issues with former employees filing claims after you closed, or was that pretty much handled once you got the clearance letter?

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Paolo Rizzo

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Just went through this process myself when I closed my consulting business last fall. One thing that wasn't mentioned yet - if you have any employees who might be eligible for unemployment benefits, NYS DOL may keep your account "active" for liability purposes even after you officially close. This means you could still receive notices about claims filed against your account for up to 18 months after closure. Make sure to keep your contact information updated with them during this period so you don't miss any important correspondence. Also, if you had any seasonal workers or anyone on temporary layoff, you'll want to make sure their status is properly updated as permanent separations before you close the account.

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That's really helpful info about the extended liability period! I hadn't realized they might keep the account active for up to 18 months. Since my business has been operating for 8 years, I'm definitely concerned about former employees potentially filing claims even after we close. Do you know if there's a way to get an estimate of what that ongoing liability might look like, or is it just something you have to wait and see? Also, when you say keep contact info updated - is that something you do through their online portal or do you need to send written updates?

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Henry Delgado

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@Paolo Rizzo This is super valuable information! I m'the original poster and had no idea about the extended liability period. That 18-month window is concerning - do you happen to know if there s'a way to get some kind of estimate or assessment of potential claims before officially closing? I m'worried about getting hit with unexpected bills months down the road. Also, did you find their online system reliable for updating contact info, or is it better to send certified mail to make sure they actually receive the updates?

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Marcus Marsh

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One thing to add that I learned the hard way - make sure you request a "Status of Account" letter from NYS DOL before you file your final paperwork. This will show if there are any outstanding issues, penalties, or audits pending that could complicate your closure. I thought I was all set to close my account but discovered I had an old wage discrepancy they wanted to review first. It delayed my closure by about 6 weeks while we sorted it out. Better to catch these things upfront rather than after you've already shut down operations. You can request this through their business services line, though as others mentioned, getting through can be challenging.

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Luca Russo

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This is such great advice! I wish I had known about requesting the Status of Account letter earlier in this thread. Six weeks of delay after you've already committed to shutting down must have been stressful. For those of us planning ahead, it sounds like getting that status letter should be one of the first steps, maybe even before giving final notice to employees. Did you find any other "hidden" requirements during your closure process that weren't obvious upfront? I'm trying to create a comprehensive checklist to avoid any surprises.

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Eli Butler

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@Marcus Marsh That s'exactly the kind of detail I was hoping someone would share! A Status of Account letter sounds crucial - I can already imagine how stressful it would be to discover outstanding issues after you ve'committed to closing. Did they give you any guidance on how far in advance to request that letter? I m'wondering if I should get it now even though we re'not closing until next month, just to have time to address any surprises. Also, when you mention the business services line being hard to get through, did you have better luck calling at certain times of day?

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Isabella Santos

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I went through this exact process when I closed my retail store two years ago. Here's what I wish someone had told me from the start: 1) Request that Status of Account letter Marcus mentioned ASAP - do this before you even set your final closing date. 2) File your final NYS-45 quarterly report within 30 days of your last day of operations. 3) Send written notice to NYS DOL with your final operation date and confirmation you have no remaining employees. 4) Pay any outstanding contributions and file all final wage reports. 5) Don't forget to cancel workers' comp and disability insurance policies separately. The whole process took about 10-12 weeks for me, and yes, they do keep your account liable for potential claims for up to 18 months after closure. I kept getting notices for about a year afterward, but most were just routine correspondence. Pro tip: call their business line first thing in the morning (8 AM sharp) - that's when I had the best luck getting through to an actual person.

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Ethan Clark

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This is incredibly helpful - thank you for laying out such a clear step-by-step process! The timing advice about calling at 8 AM sharp is gold. I'm definitely going to request that Status of Account letter first thing Monday morning before we finalize our closing timeline. One quick question - when you mention they kept your account liable for potential claims for 18 months, did you have to maintain any kind of reserve funds or was it more just being prepared to respond if former employees filed claims? I want to make sure I budget appropriately for any post-closure responsibilities.

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