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make sure he keeps good records of his job search activities too! NYS Department of Labor requires proof that hes actively looking for work. i learned this the hard way when they asked for my job search log and i had barely kept track of anything
I went through this exact situation about 6 months ago when my company did layoffs. The NYS Department of Labor process was actually pretty smooth once I got it started. One thing I wish someone had told me upfront - when you file online, make sure to have your Social Security number, driver's license, and information about your last employer ready (company name, address, dates of employment, and your supervisor's name if you remember it). The system will ask for all of this during the initial application. Also, if your husband worked for any other employers in the past 18 months, even briefly, he'll need that information too since they calculate benefits based on your earnings history. The good news is that layoffs due to restructuring are considered "no fault" separations, so approval should be straightforward as long as everything checks out with his former employer.
just went through this whole mess myself and honestly the hearing was the easy part compared to dealing with the NYS Department of Labor phone system for months beforehand!! but yeah mine was about an hour and fifteen minutes. bring water because those conference rooms get stuffy
I had my NYS DOL hearing about 6 months ago and it lasted right around an hour. The judge was pretty thorough but fair - they asked me to explain my side of the story, reviewed the documents I brought, and then asked a few follow-up questions. My former employer called in by phone which added maybe 15 minutes to the whole thing. I'd suggest blocking out 2 hours just to be safe with potential delays, but the actual hearing will probably be closer to 60-90 minutes. Make sure you have copies of any relevant emails, pay stubs, or documentation that supports your case. Good luck with your appeal!
Here's what I learned the hard way: NY unemployment doesn't care about your business struggles - they only care if you're available for full-time work. If you tell them you're still trying to save your business while looking for jobs, they'll deny you. You need to be crystal clear that your business is effectively closed (even if legally still exists) and you're 100% available for full-time employment.
Been lurking here for a while but finally creating an account to share what worked for me. I was in almost the exact same situation with my catering business in 2023 - spent years building it up, then supply costs killed my margins and I couldn't pay myself for months. The key insight that saved me: you CAN get unemployment as a business owner IF you've been paying yourself W-2 wages and UI taxes (which it sounds like you have). The trick is formally laying yourself off from your own business while being genuinely available for full-time work. I kept my LLC active but stopped all operations and client work. Document everything - the date you stopped working, your job search efforts, financial records showing no income. Most importantly, when you apply, be very clear that your business operations have ceased and you're seeking full-time employment. Don't mention trying to "save" the business - that signals you're not fully available for work. I know it feels like giving up on your dream, but you can always restart operations later when you're financially stable. The unemployment benefits gave me breathing room to find a good job, and now I'm actually planning to restart my catering business as a side venture. Hang in there - 9 years of experience doesn't just disappear!
This gives me so much hope! I've been wrestling with this exact dilemma - feeling like I'm abandoning everything I built vs. needing to survive financially. Your point about documenting the date operations ceased is really smart. Did you find the unemployment office was understanding once you explained the situation properly, or did you have to fight for approval?
This is incredibly helpful and gives me hope! I'm in almost the exact same boat with my woodworking shop. The part about formally laying myself off while keeping the LLC active is brilliant - I never thought about structuring it that way. Just to clarify, when you say you stopped all operations, did that mean you couldn't even do basic maintenance on equipment or respond to potential customer inquiries? I'm trying to understand exactly where the line is drawn between "ceased operations" and maintaining the business entity.
just had my baby 3 months ago - definitely apply for the paid family leave as soon as possible after birth! there's paperwork your doctor needs to fill out and it takes forever to process. also keep all your medical records organized because they might ask for additional documentation
Congratulations on your pregnancy! I went through this same confusion when I was expecting my first child. Just to clarify what others have mentioned - you're absolutely right that regular NYS unemployment insurance won't cover maternity leave since you need to be "able and available" for work to qualify. However, New York does have great programs specifically for new parents. Paid Family Leave gives you up to 12 weeks at 67% pay for bonding time, and if you have pregnancy complications, Temporary Disability Insurance can help with recovery time. The key is understanding these are completely separate from the Department of Labor's unemployment system - they're administered through different channels. Start gathering your paperwork now and talk to your HR department about the process. Don't let the bureaucracy stress you out during this special time!
This is such helpful advice! I'm also expecting my first and had no idea these programs were separate from regular unemployment. Quick question - you mentioned talking to HR about the process. What if my employer is really small and doesn't have an HR department? Do I need to go through them for Paid Family Leave applications or can I apply directly somewhere? I'm worried my boss might not know much about these programs either.
Ana Erdoğan
I went through this exact situation about 8 months ago when my company closed down. The good news is that business closure is definitely qualifying for unemployment benefits - it's considered involuntary separation. A few tips from my experience: definitely file your claim on your last day of work (not before), have your pay stubs and any company documentation about the closure ready, and be prepared for the work search requirements to kick in after your first week. The initial application took me about 45 minutes online, and I got my first payment about 2 weeks later. Also, your employer should provide you with a separation notice or layoff letter - keep that handy as NYS Department of Labor will likely want to see it. Hang in there, the system does work even though it can feel overwhelming at first!
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Sofia Martinez
•This is really helpful to hear from someone who actually went through it! 2 weeks for first payment sounds way better than what some people are experiencing. Did you have any issues with the work search requirements or was that pretty straightforward to manage?
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Carmella Fromis
I'm in a similar boat - my employer just gave us notice that they're closing in 6 weeks. Reading through all these responses is really helpful! I'm wondering about one thing though - should I start gathering documents now or wait until closer to my last day? Also, has anyone had experience with how the benefit amount gets calculated? I'm trying to figure out what to expect financially while I job search.
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