Can I claim unemployment benefit after a settlement agreement with my employer?

You can definitely file for unemployment benefits after a settlement agreement. The NYS Department of Labor will look at the actual reason for your termination, not whether you received a settlement. The key factors are whether you were terminated through no fault of your own and if you're able and available for work. The severance payment might affect the timing of when you can start collecting benefits though - you'll need to report it when you file your initial claim.

same thing happened to me two years ago, got a settlement from my company and still qualified for UI benefits

Be very careful about what you tell NYS Department of Labor about the settlement terms. If there's anything in that agreement about you voluntarily leaving or resigning, that could cause problems with your claim. The adjudication process will review all the circumstances. I'd suggest being completely honest about the termination being involuntary due to restructuring. You might want to have copies of any documentation that shows it was their decision, not yours.

I had issues trying to reach NYS Department of Labor when I had questions about my settlement situation. Kept getting busy signals and when I did get through, I'd get hung up on after waiting forever. Finally used this service called Claimyr (claimyr.com) that actually got me connected to a real person at unemployment. There's even a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Made the whole process so much easier than trying to call myself.

Wait, I'm confused about this whole settlement thing. If you got money from your employer, doesn't that mean you can't get unemployment? I thought you had to choose one or the other. This is making me nervous about my own situation.

The NYS Department of Labor system is so confusing about this stuff! I spent hours reading through their website trying to figure out similar questions. Why can't they just have clear examples of different scenarios instead of all this bureaucratic language?

Make sure you file your weekly claims correctly and report any income from the settlement period accurately. The job search requirements will still apply once your benefits start, so keep track of your applications and contacts. Also, if there are any ongoing legal matters related to your termination, be prepared to explain those during the adjudication process if they ask.

I went through something similar about 6 months ago. The settlement itself won't disqualify you from unemployment benefits, but timing matters. NYS DOL will want to know the exact dates of your last day of work versus when you received the settlement payment. If the settlement covers a period where you would have been working (like payment in lieu of notice), that might delay when your benefits can start. I'd recommend filing your claim as soon as possible since there's usually a waiting period anyway. The worst they can do is adjust the start date if needed. Also keep all your settlement paperwork - they might ask for copies during the review process.

I was in a very similar situation last year - got terminated during a "restructuring" and received a settlement with an NDA. The good news is that the settlement absolutely doesn't disqualify you from unemployment benefits. What matters most is that your termination was involuntary, which it sounds like it was. When you file your claim, you'll need to report the settlement amount and the dates, but be clear that the termination was due to restructuring and not your choice. The NYS DOL will review everything, but as long as you're honest about the circumstances and can show it was involuntary, you should be fine. One thing to watch out for - if any part of the settlement is considered "wages in lieu of notice," that might delay when your benefits start, but it won't prevent you from getting them eventually. I'd suggest filing sooner rather than later since there's already a waiting week built into the system.

I'm dealing with a similar situation right now and this thread has been incredibly helpful! I was laid off three weeks ago in what my company called "workforce optimization" and I'm about to sign a settlement agreement. Reading everyone's experiences here makes me feel much more confident about filing for unemployment benefits afterward. One question I have though - should I wait to sign the settlement until after I file my unemployment claim, or does the order not matter? I'm worried about creating any complications in the process. Also, has anyone had experience with how long the review process typically takes when there's a settlement involved? I'm trying to plan my finances accordingly.

I'm currently going through something very similar - just got laid off last month with a settlement that included severance and an NDA. From what I've researched and based on what others have shared here, the key thing is that your termination was involuntary, which it clearly was since they called it "restructuring." The settlement payment itself won't disqualify you from unemployment benefits. When you file your claim, just be completely transparent about both the termination reason and the settlement details. NYS DOL will want to know the exact amounts and dates, but as long as you can show the termination wasn't your fault, you should be eligible. I filed my claim about two weeks after signing my settlement and the process has been straightforward so far. The only thing that might affect timing is if any part of your settlement is considered payment in lieu of notice, but even then it just delays when benefits start rather than preventing them entirely. My advice would be to file as soon as possible since there's already a waiting period built in anyway.

I went through almost the exact same situation about 8 months ago - terminated during "restructuring" with a settlement that included severance and NDA. The good news is you absolutely can file for unemployment benefits! The settlement won't disqualify you as long as the termination was involuntary (which yours clearly was). When I filed, I was completely upfront about both the termination circumstances and the settlement details. NYS DOL asked for the settlement amount and dates, but since I could prove the termination wasn't my fault, I was approved. One tip - file your claim ASAP even while you're still figuring out all the details, because there's already a waiting week built into the system anyway. The review process took about 3 weeks in my case, but having clear documentation that showed involuntary termination really helped speed things up. Just be honest about everything from the start and you should be fine!