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also make sure she was actually laid off and not terminated for performance or attendance. sometimes employers code things differently than what they tell you
One thing that often gets overlooked is the "able and available" requirement. Even if she was legitimately laid off, she needs to prove she's actively seeking work and available to accept employment. If there were any gaps in her job search activities or if she indicated she wasn't available for work during certain periods when filing her weekly certifications, that could trigger a denial. NYS Department of Labor is pretty strict about documenting your job search efforts - you typically need to show you're applying to jobs and keeping records of your applications.
Contract work is so unstable, this is exactly why I stick to W2 jobs. At least then you know you're covered for unemployment. Hope it works out for you!
I went through something similar as a contractor last year. The key thing is that since you were paying into UI through your LLC, you should be eligible - that's exactly what those payments are for. I'd recommend filing immediately because even if they do call you back with new work, you can always stop claiming benefits at that point. The NYS Department of Labor application process for contractors can take longer than regular employees since they have to verify your payment history, so don't wait. Also make sure you have documentation of your quarterly UI payments ready when you file - it'll speed up the process.
This is really helpful advice! I'm new to the contractor world and wasn't sure if the UI payments I've been making would actually count for anything. Good to know that filing right away is the smart move even if there's a chance of getting more work. Did you have any issues with them verifying your contractor status, or was it pretty straightforward once they saw your payment records?
ONE YEAR deadline but you lose weeks if you wait!! This is exactly the kind of important info the NYS Department of Labor should make more obvious on their website instead of burying it in FAQ sections.
Just went through this process last month after my retail job ended. Filed my claim on day 3 after losing my job and it went smoothly through the online portal. One tip - make sure you have your employer's federal tax ID number if possible, it speeds up the verification process. Also keep records of your job search activities from day one since you'll need to certify weekly that you're actively looking for work. The whole system becomes routine once you get the hang of it.
I'm in a similar situation - just started my unemployment claim last month and have been thinking about doing some freelance writing work. From what I've researched, the key is being completely transparent with NYS Department of Labor about any income. I called their hotline (took forever to get through) and they told me that even if I only make $20 one week, I need to report it. They said it's better to over-report than under-report. Also make sure you're still meeting the work search requirements - they want to see you're genuinely looking for full-time employment even if you're doing side work. Good luck with your consulting business!
Thanks for sharing your experience @Chloe Taylor! That's really helpful to know they told you to over-report rather than under-report. I'm curious - when you called the hotline, did they give you any specific guidance about how to categorize consulting income on the weekly claims? I'm worried about accidentally putting it in the wrong section and causing problems with my claim.
I went through this exact situation about 8 months ago when I started doing some part-time web development work while on unemployment. Here's what I learned: You definitely need to report ALL income, even small amounts. I made the mistake of thinking anything under $50 wasn't worth reporting and got flagged during an audit. NYS Department of Labor is very strict about this. When reporting, make sure you understand the difference between "work performed" vs "payment received" - you report based on when you actually did the work, not when you got paid for it. Also keep detailed records of everything - hours worked, payment amounts, client names. They may ask for documentation later. The good news is that as long as you're honest and keep meeting your job search requirements, having a small business shouldn't disqualify you from benefits. Just make sure your weekly earnings don't exceed your benefit amount too often or they might question whether you're truly available for full-time work.
This is really valuable advice @Lydia Santiago! I'm curious about the audit process you mentioned - what triggered it and how long did it take to resolve? I'm planning to start my consulting business in the next few weeks and want to make sure I'm doing everything correctly from day one. Also, when you say "detailed records," do you mean I should keep copies of invoices, contracts, and time logs, or is there other documentation NYS Department of Labor typically looks for?
@Lydia Santiago Your experience is really helpful! I m'actually in the exact same boat - been on unemployment for 6 weeks and considering starting some consulting work. When you got flagged during the audit, did it affect your benefit payments while they were reviewing your case? That s'my biggest fear - that even an honest mistake could temporarily stop my benefits when I really need them. Also, did you find it better to call NYS Department of Labor proactively before starting work, or just make sure to report correctly from the first week you earn income?
Dylan Campbell
THE WHOLE SYSTEM IS BROKEN! I've been waiting 5 WEEKS for my benefits and they keep giving me the runaround. Every time I call they tell me something different about what documents they need. It's like they don't want to pay anyone.
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Liam O'Sullivan
•Five weeks is definitely too long. You should definitely escalate that - either through your state assembly member's office or using one of those callback services to speak with a supervisor at NYS Department of Labor.
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Sofia Hernandez
Restaurant workers sometimes have delays because tips aren't always reported correctly by employers. NYS Department of Labor has to verify your actual wages which can take extra time if there are discrepancies in the wage records.
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Avery Saint
•That makes sense - I did work as a server so tips were a big part of my income. My former employer might not have reported them accurately. Should I contact them directly to make sure they have the right wage information, or will NYS Department of Labor handle that verification process themselves?
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