Can I collect unemployment after 6 months gap in work - NYS Department of Labor eligibility?
I've been out of work for about 6 months now and just wondering if I can still file for unemployment benefits through NYS Department of Labor? I was laid off from my restaurant job back in July and have been looking for work but haven't found anything steady. I didn't file right away because I thought I'd find something quick but here we are in January and I'm getting desperate. Does anyone know if there's a time limit on when you can first apply? I'm worried I waited too long and missed my chance.
19 comments
Join the conversation
McKenzie Shade
You can definitely still file! NYS Department of Labor doesn't have a rule that you must file immediately after losing your job. However, your benefit year starts from when you first file your claim, not from when you were laid off. So if you file now, your base period for calculating benefits will look at your earnings from a year ago, not your recent restaurant job. You'll want to gather all your employment info from the past 18 months before filing.
0 coins
Caden Turner
•Oh that's a relief! So I should include the restaurant job even though it ended 6 months ago? What other documents do I need?
0 coins
Harmony Love
The tricky part is that unemployment benefits are designed to replace recent wages, so depending on when exactly you file and what your earnings looked like 12-18 months ago, your benefit amount might be lower than if you had filed right after being laid off. But yes, you can absolutely still apply. Go to the NYS Department of Labor website and start your claim - worst case they deny it and you appeal.
0 coins
Rudy Cenizo
•wait so if I file now my benefits are based on what I made a year ago not my recent job?? that doesn't seem fair
0 coins
Harmony Love
•That's how the base period calculation works unfortunately. It's one of those bureaucratic things that doesn't always make sense for real people's situations.
0 coins
Natalie Khan
I had a similar situation last year where I waited about 4 months to file. The NYS Department of Labor phone lines were impossible to get through to ask questions, so I ended up using this service called Claimyr (claimyr.com) that got me connected to an actual agent in like 10 minutes. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. The agent was able to walk me through exactly what my base period would be and helped me understand my benefit calculation before I even filed.
0 coins
Daryl Bright
•How much does that cost though? I'm already broke from being unemployed for months
0 coins
Natalie Khan
•It was worth it for me to get real answers instead of guessing. Better than filing wrong and having to deal with appeals later.
0 coins
Sienna Gomez
Just file already! I've been on unemployment three different times and never had issues. The system is set up to help people, not trick them. Worst thing that happens is they say no and then you know for sure.
0 coins
Kirsuktow DarkBlade
Make sure you're ready to start your job search requirements immediately after filing. NYS Department of Labor requires you to be actively looking and you'll need to log your search activities. Don't wait any longer if you're serious about getting benefits - every week you delay is a week of potential payments you're missing out on.
0 coins
Caden Turner
•Good point about the job search thing. I've been looking casually but not keeping track. Do they want like a formal log or something?
0 coins
Noah Irving
•Yes, you need to keep detailed records! NYS requires you to log at least 3 work search activities per week. You can use their online system or keep your own records, but you need dates, company names, contact info, and what type of search activity it was (online application, in-person visit, networking, etc.). They can audit you at any time so definitely start documenting everything now before you file.
0 coins
Justin Trejo
Hey Caden, I just went through this exact situation a few months ago! I was laid off in March but didn't file until August because I kept thinking I'd find something. The good news is you can absolutely still file - there's no deadline for when you have to initially apply. The bad news is what others mentioned about the base period - your benefits will be calculated on wages from about a year ago, not your recent restaurant job. In my case, I was working part-time a year prior so my weekly benefit was only $180 instead of what it would have been if I filed right after my layoff. But something is better than nothing! Just make sure you have all your employment history ready - they'll want info on every job you had in the past 18 months including exact dates, employer info, and reason for separation. Don't wait any longer though - file this week!
0 coins
Santiago Martinez
•Thanks Justin, this is super helpful to hear from someone who went through the same thing! $180 is definitely better than nothing at this point. Did you have any trouble with the application process itself, or was it pretty straightforward once you had all your employment info together? I'm worried about messing something up since I waited so long.
0 coins
Layla Sanders
•@Justin Trejo - This is exactly what I needed to hear! Thank you so much for sharing your experience. It s'reassuring to know someone else went through the same thing. I m'definitely going to file this week - you re'right that something is better than nothing. I ve'been kicking myself for waiting but I guess there s'no point dwelling on it now. Did you end up finding work while on benefits or did you use up the full benefit period?
0 coins
Vanessa Figueroa
•@Justin Trejo Really appreciate you sharing your experience! I m'the original poster and this gives me hope. Did you run into any issues with them questioning why you waited so long to file? I keep worrying they ll'think I wasn t'really unemployed this whole time or something. Also, when you say they want info on every job in the past 18 months - does that include like really short term gigs or just real "jobs?" I did some door dash and odd jobs here and there but nothing official.
0 coins
Nia Wilson
Don't stress too much about waiting - you're not the first person to be in this situation! The key thing is to file NOW before you lose any more potential benefit weeks. When I filed my claim (similar situation, waited about 5 months), the online application was actually pretty straightforward. Just be honest about your employment dates and separation reasons. For the gig work question - yes, report everything including DoorDash and odd jobs if you made any money from them, even if they were cash payments. NYS wants a complete picture of your work history. The system is designed to help people who genuinely need it, so don't overthink it. Get your Social Security card, ID, and employment records together and start the application this weekend. You've got this!
0 coins
Effie Alexander
•@Nia Wilson This is really encouraging, thank you! I ve'been so anxious about this whole process but everyone s'advice is making me feel more confident about filing. Quick question - when you mention getting employment records together, do I need actual paystubs or W-2s, or will just having the employer names and dates be enough for the initial application? I m'worried some of my records might be hard to track down since it s'been 6 months.
0 coins
Drew Hathaway
•@Nia Wilson For the initial application, you usually just need the basic info like employer names, addresses, dates of employment, and your Social Security number. They don t'typically require you to upload paystubs or W-2s during the application process itself - that stuff might come later if they need to verify your earnings. The most important thing is to be as accurate as possible with the dates and employer information. If you can t'remember exact start/end dates, your best estimate is fine, but try to be close. You can always call them later to clarify details if needed. The main thing is just getting that application submitted!
0 coins