Need help understanding how unemployment benefits are calculated in NY - getting different amounts each week
I've been getting unemployment for about 6 weeks now and I'm really confused about how my weekly benefit amount was determined. My claim shows $365 per week but sometimes I get less and I can't figure out why. I worked at a restaurant for 2 years making about $18/hour plus tips, then got laid off in December. The NYS Department of Labor never really explained how they came up with my benefit amount and the website just shows generic formulas that don't make sense to me. Does anyone know how they actually calculate these amounts? I'm worried they made a mistake because my coworker who made less than me is getting almost the same amount.
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Anna Kerber
Your weekly benefit amount is based on your highest earning quarter from your base period, which is usually the first 4 of the last 5 completed quarters before you filed. NYS Department of Labor takes 1/26th of that highest quarter. So if your best quarter was $9,490, you'd get $365/week. The reason you might get less some weeks is if you report any earnings from part-time work - they deduct 25% of anything over $143 from your benefit.
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Roger Romero
•That actually makes sense! I did pick up a couple catering shifts and reported about $200 one week. So they would deduct 25% of $57 which is like $14. Thanks for explaining that!
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Niko Ramsey
yeah the NYS Department of Labor benefit calculation is weird. i think they look at your last 4 quarters or something and use some formula. but honestly their system is so confusing i never really understood it either
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Seraphina Delan
The base period calculation can be tricky especially for tipped workers. Make sure NYS Department of Labor has all your W-2 information including reported tips. Sometimes they use an alternate base period if your regular one doesn't qualify you or gives you a lower amount. You can request a monetary determination review if you think they miscalculated. I had to do this when they didn't count my overtime properly.
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Roger Romero
•How do I request that review? I definitely think my tips weren't counted correctly because I always reported them properly on my taxes.
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Seraphina Delan
•You can call NYS Department of Labor or file an appeal online through your account. But honestly good luck getting through on the phone - I was on hold for 3 hours last time. There's actually this service called Claimyr (claimyr.com) that helped me get through to an agent in like 10 minutes. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works.
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Jabari-Jo
UGH the whole NYS Department of Labor system is a JOKE! They never explain anything clearly and expect you to just figure it out. I've been fighting with them for months about my benefit calculation and they keep giving me different answers every time I call. The left hand doesn't know what the right hand is doing over there!
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Kristin Frank
•I feel you on that frustration but they do have the formulas posted online if you dig around their website enough
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Micah Trail
One thing to check is whether you're looking at your gross weekly benefit rate vs what you actually receive after taxes. NYS Department of Labor automatically withholds federal and state taxes unless you opted out when you filed. That could explain some of the week-to-week variation you're seeing.
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