Just want to add that timing matters too with separation agreements and unemployment. If you're getting severance pay, that might delay when your UI benefits start even if you're approved. NYS Department of Labor has rules about how severance affects your benefit timing so make sure you understand that part too before making your decision.

I went through this exact situation about 8 months ago and it worked out fine! The key thing to remember is that NYS Department of Labor cares more about the actual reason for separation than what the paperwork says. When I filed my claim, I was completely transparent about the separation agreement and explained that while it technically said "voluntary resignation," the reality was that my position was being eliminated due to company restructuring. The UI representative I spoke with said this happens all the time and they're used to evaluating these cases. Just make sure you have documentation of the circumstances that led to the separation agreement - like emails about budget cuts, layoff announcements, or anything showing it wasn't really your choice to leave. Also, don't forget to ask HR if you can negotiate the language in the agreement before signing - sometimes they'll add a clause acknowledging the involuntary nature of the separation which makes the UI claim much smoother.

dont overthink it just file and be honest about everything. the worst that happens is they tell u to wait a week or two

I went through this same situation a few months ago. The important thing to remember is that vacation pay is allocated to specific time periods - usually the weeks immediately following your last day of work. So if you got laid off on a Friday and have 2 weeks of vacation pay coming, that pay typically covers the next two weeks. During those weeks, you might not be eligible for unemployment benefits (depending on the amount), but after that period ends, your regular benefits should kick in. Definitely file your initial claim right away though - there's usually a waiting period anyway, and you don't want to delay the process. Just be upfront about the vacation pay situation when you do your weekly certifications.

ugh this form is SO confusing!! why does the NYS Department of Labor make it so complicated??? I've started it like 3 times and keep getting different error messages. Do I really need ALL my employers from the past year and a half?? what if I can't remember exact start dates from my part time job last spring?

Been through this process twice now with NYS Department of Labor. Pro tip - save your application as you go because the system times out. Also double check that your bank routing number is correct for direct deposit. I made a typo and had to wait weeks for a paper check.

I got a similar suspicious call about 3 months ago and it turned out to be a scam. The dead giveaway for me was that they were asking for my Social Security number "to verify my identity" right off the bat. Legitimate DOL calls usually reference specific claim numbers or dates, and they'll often ask YOU to provide identifying information to them, not the other way around. Since you haven't filed recently and are currently employed, this is almost certainly a scammer trying to either steal your identity or get you to provide personal info they can use fraudulently. Trust your instincts - when something feels off, it usually is.

I've been working in fraud prevention for a bank and we see these unemployment scam calls constantly. The scammers have gotten really sophisticated - they'll spoof legitimate government numbers and even have some basic info about you from data breaches. A few red flags to watch for: 1) Calling about claims you didn't file, 2) Asking you to verify SSN/personal info over the phone, 3) Creating urgency like "your benefits will be stopped" or "legal action will be taken." The real NYS DOL is swamped and barely calls people back who ARE actively filing claims, so an unsolicited call to someone who hasn't filed in over a year is almost certainly fraudulent. Good instinct to be suspicious!

One thing to keep in mind is that your weekly benefit amount is calculated based on your earnings during your base period (usually the first 4 of the last 5 completed calendar quarters before you filed). So even though you have 26 weeks maximum, you might exhaust your dollar amount before you reach the time limit if your weekly benefit is high relative to your total benefit amount. You can check your remaining balance on the NYS DOL website when you file your weekly claims.

Another important thing to remember is that if you do temporary or part-time work while collecting unemployment, you need to report all earnings when you file your weekly claim. NYS allows you to earn up to a certain amount before it affects your benefits (usually around 1/4 of your weekly benefit rate), but anything over that will reduce your weekly payment dollar-for-dollar. Just make sure you're honest about any work you do - they cross-check with employer wage reports and not reporting earnings can result in overpayment that you'll have to pay back with penalties.