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Just because an employer is exempt from FUTA doesn't mean you can't collect unemployment. The key things that matter for NYS Department of Labor eligibility are whether you earned enough wages in covered employment and whether you lost your job through no fault of your own. Check your earnings statement on the my.ny.gov portal to see if your wages were reported.
I think people get confused because there are different types of exemptions. Some employers are exempt from paying federal unemployment tax but still have to pay state unemployment insurance. Others might be exempt from both. The NYS Department of Labor website has a whole section explaining covered vs non-covered employment if you want to dig deeper into it.
@Chad Winthrope You can actually verify employer coverage status through the NYS Department of Labor s'employer search tool on their website. It shows if an employer is registered and in good standing with their unemployment insurance obligations. Also, if you re'having trouble getting through to them by phone, you might want to try their online inquiry system or visit a local career center - they can often help clarify these coverage questions faster than waiting on hold.
@Andre Lefebvre That s'super useful to know about the employer search tool! I had no idea that existed. I ve'been trying to figure out my previous employer s'status and this sounds way easier than trying to decode pay stubs or waiting forever on the phone. Do you know if the search tool also shows historical information, or just current status? My situation involves an employer from about 6 months ago.
Just want to add that your friend should apply ASAP once his hours are reduced - don't wait! NY has a one-week waiting period for new claims, so the sooner he files, the sooner he can start receiving benefits. Also, benefits are calculated based on his previous earnings history, so if he's been working 36.5 hours consistently, his benefit rate should reflect that higher income level. The partial benefits can really help bridge the gap while he's dealing with reduced hours.
That's really helpful about applying quickly! I wasn't sure about the timing but it makes sense not to wait. The one-week waiting period is good to know about too - I'll make sure he understands he won't get paid for that first week. Thanks for mentioning that his benefit rate should be based on his full-time earnings history, that's encouraging since he's been working steady hours for a while now.
I went through this exact situation about 6 months ago when my retail job cut everyone's hours due to slow sales. The application process was actually pretty straightforward once I understood the rules. Just to reinforce what others have said - the key thing is that NY counts DAYS not hours. So if your friend can negotiate with his boss to work 3 full days instead of 5 short days, he'll get way more in benefits. Also, don't let the horror stories about the phone system scare him off from applying. Yes, it can be frustrating if you need to call, but the online application worked fine for me and most weeks I had no issues with the weekly certification. Just be super accurate with reporting earnings and days worked. I kept a simple calendar where I marked each day I worked with an X and wrote down my daily pay - made the weekly certifications much easier and gave me documentation if there were ever any questions.
yeah the system is always up but it crashes sometimes on mondays when everyone files their weekly claims at the same time lol
I work in HR and deal with unemployment claims regularly - definitely file your initial claim today! The NYS DOL system is available 24/7 at my.ny.gov, and like others mentioned, your benefit year starts from when you file, not when you were laid off. Pro tip: if you're filing late at night or early morning, the system tends to be faster since there's less traffic. Also, have your last employer's full legal name and address handy, plus your recent pay stubs if possible. The system will ask for your gross wages from the last 18 months, so having that info ready will make the process smoother.
This is really helpful advice, especially about having the employer's full legal name ready! I just want to make sure I understand - when you say the benefit year starts from when I file, does that mean if I file today (Friday) my first week of benefits would start this week, or would it still start from the Sunday of the week I file? I want to make sure I'm not misunderstanding the timing.
Same thing happened to me last month! Turns out there was some kind of identity verification hold that didn't show up anywhere obvious on my account. Took calling NYS Department of Labor to find out what was going on.
How did you get through to them? I've been trying to call for days but keep getting the busy signal.
I had the same problem getting through to NYS Department of Labor on the phone. Someone told me about claimyr.com - it's a service that calls for you and gets you connected to an actual agent. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I used it when my payments got stuck and finally got answers about what was holding things up.
If your payment history shows 'issued' but you haven't received it, there might be a bank routing issue or your claim could be flagged for review. Sometimes NYS Department of Labor does random audits that freeze payments temporarily. You'll need to speak with someone to get the real story.
Sofia Peña
One thing to keep in mind is that your benefit amount will also depend on when you earned that $65k - they look at your "base period" which is typically the first 4 of the last 5 completed calendar quarters before you file. So if you file now, they'd look at your earnings from roughly Q1 2024 through Q4 2024. If you had periods of lower earnings or gaps in employment during that time, it could affect your weekly benefit amount even if your most recent salary was $65k.
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Jamal Wilson
•That's a really important point about the base period that I hadn't considered! I was employed for most of 2024 but I did have a brief gap between jobs in Q2. Do you know if that gap would significantly impact my benefit calculation, or do they just look at the quarters where I actually had earnings?
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Raúl Mora
•@Jamal Wilson They calculate your weekly benefit amount based on the total wages you earned in your highest-earning quarter during that base period, then divide by 26. So if you had a gap in Q2 but worked the other quarters, they d'use your highest quarter likely (Q1, Q3, or Q4 for) the calculation. The gap itself won t'hurt you - they re'just looking for your best quarter of earnings within that timeframe. You should still be in good shape for a decent benefit amount if you were earning well in the quarters you did work.
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Lydia Bailey
Just wanted to add that you should file as soon as possible since there's usually a one-week waiting period before you start receiving benefits. Also, make sure you have all your employment records ready - they'll need your W-2s or pay stubs from the base period to verify your earnings. The sooner you get everything submitted correctly, the faster they can process your claim and calculate your exact weekly benefit amount. Good luck with your job search!
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Jessica Nguyen
•This is really helpful advice! I didn't realize there was a waiting period. Quick question - when you say have W-2s and pay stubs ready, do they need physical copies or can I upload digital versions during the online application? Also, should I gather documents from all employers during the base period or just the most recent one?
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