NYS Department of Labor unemployment filing for remote workers - where do I file?
I've been working remotely from my apartment in Buffalo for a tech company based in California for the past 2 years. Just got laid off last week and I'm totally confused about where I'm supposed to file for unemployment benefits. Do I file with NYS Department of Labor since I live here, or with California since that's where my employer is located? My paystubs show NY state taxes being taken out but the company is registered in CA. I've never dealt with unemployment before and don't want to mess this up by filing in the wrong state.
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Ava Williams
You file where you physically work, which in your case is New York. Since you've been working from your home in Buffalo, you'll file with NYS Department of Labor. The fact that NY taxes were taken out of your paystubs confirms this - your employer was already treating you as a NY worker for tax purposes. Go to labor.ny.gov to start your claim.
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Dmitry Petrov
•That makes sense! So it doesn't matter that the company headquarters is in California? I was worried I'd have to deal with their system instead.
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Miguel Castro
yeah definitely file with NY since thats where you live and work. i had the same situation with a company in texas but worked from rochester and filed with NYS Department of Labor no problem
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Zainab Ibrahim
The key rule is that unemployment benefits come from the state where you perform the work, not where the employer is headquartered. Since you've been working remotely from New York for 2 years, you have sufficient wage credits in NY to qualify for benefits here. Make sure you have your last 18 months of pay information ready when you file your initial claim with NYS Department of Labor.
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Connor O'Neill
•What if someone just moved to NY recently but was working remotely for an out of state company from their previous state? Would they still file with NY?
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Zainab Ibrahim
•That would depend on where they were physically working during their base period. If they only recently moved to NY, they might need to file with their previous state where they actually performed the work.
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LunarEclipse
I had such a headache trying to get through to NYS Department of Labor when I was confused about this same thing. Kept getting busy signals and when I finally got through, got disconnected twice. Finally used claimyr.com to get connected to an actual agent - they have this video demo at https://youtu.be/qyftW-mnTNI that shows how it works. The agent confirmed everything about remote work filing rules in like 5 minutes instead of me spending weeks trying to get through.
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Dmitry Petrov
•Thanks for the tip! I'll definitely check that out if I run into issues with my claim.
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Yara Khalil
Just to add - make sure your employer didn't classify you as an independent contractor instead of an employee. If they did, you might have issues with your unemployment claim since contractors typically aren't eligible for regular UI benefits.
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Isaiah Thompson
Good point about the contractor vs employee classification! @Dmitry, you mentioned your paystubs showed NY state taxes being deducted, which is a good sign that you were properly classified as an employee. If you were a contractor, you typically wouldn't have had state taxes automatically withheld. You can double-check by looking at whether you received a W-2 or 1099 form for tax purposes - W-2 means employee status and you should be good to file for UI benefits.
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