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Hannah Flores

Can I apply for unemployment after 2 years out of work - NYS Department of Labor eligibility?

I've been out of work for about 2 years now and wondering if I can still apply for unemployment benefits through NYS Department of Labor? I lost my job in early 2023 and have been trying to get back on my feet but struggled to find steady work. During this time I did some gig work here and there but nothing consistent. I know there's probably time limits but wasn't sure if the clock resets or if I'm completely out of luck at this point. Has anyone been in a similar situation? Really need to understand what my options are with filing a UI claim after being unemployed this long.

Unfortunately, you likely missed the window for benefits from your 2023 job loss. NYS Department of Labor requires you to file within one year of becoming unemployed, and that deadline has passed. However, if you had any W-2 employment during 2024, even part-time or temporary work, you might be eligible to file a new claim based on those earnings. The key is having sufficient wages in your base period - typically the first four of the last five completed calendar quarters.

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Hannah Flores

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I did have a few months of part-time work last summer, maybe 15-20 hours a week. Would that be enough to qualify for a new claim?

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You need to check your wage history first. Even if you worked part-time in 2024, NYS Department of Labor has minimum wage requirements to establish a valid claim. I think it's around $2,600 in your highest earning quarter and total wages of at least 1.5 times that amount. If your part-time work meets these thresholds, you could potentially file a new UI claim based on that recent employment.

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Grace Lee

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This is correct. The gig work probably won't count unless it was reported as W-2 wages, but any legitimate part-time employment should show up in the wage verification system.

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Mia Roberts

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I was in almost the exact same boat last year! Lost my job in late 2022, did some freelance stuff, then got a temp job for a few months in 2023. Was able to file a new claim based on the temp work even though it wasn't much. The tricky part was getting through to someone at NYS Department of Labor to explain my situation - kept getting busy signals and automated hangups.

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Hannah Flores

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How did you finally get through to them? I've been trying to call for days with no luck.

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Mia Roberts

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I actually used this service called Claimyr (claimyr.com) that helps you get connected to NYS Department of Labor agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling and getting nowhere.

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The Boss

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Wait I'm confused about something - if he worked part-time last summer wouldn't he have had to be looking for work and available? Or does that not matter for establishing the claim initially? I thought you had to be ready willing and able to work when you lost the job to be eligible.

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You're mixing up two different things. The work history determines if you CAN file a claim, but the availability requirements apply to when you're actually collecting benefits. If he voluntarily left the part-time job or was laid off, he could potentially file based on those wages.

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The system is SO frustrating with these timing rules! Two years seems like such an arbitrary cutoff especially when people are genuinely struggling to find work. But yeah unfortunately they're pretty strict about it. Your best bet is definitely checking if that 2024 part-time work qualifies you for anything.

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Just want to add - make sure you have all your pay stubs from that part-time work before you try to file. NYS Department of Labor will verify everything anyway but having the documentation ready makes the process smoother. Good luck!

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