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Mae Bennett

Can I collect unemployment if I sign a separation agreement - NYS Department of Labor eligibility question

My company is offering me a separation agreement with severance pay but I'm worried about whether I'll still be able to file for unemployment benefits with NYS Department of Labor. The agreement includes a non-compete clause and mentions I'm voluntarily leaving. Will signing this hurt my chances of getting UI benefits? Has anyone been through this situation before? I really need the severance money but can't afford to lose unemployment eligibility.

You can usually still collect unemployment even with a separation agreement, but the key is how NYS Department of Labor classifies your departure. If it's truly involuntary (layoff, position elimination) and you're just signing to get severance terms, that shouldn't disqualify you. The language about 'voluntary' departure might be concerning though - make sure the agreement clearly states the employer initiated the separation.

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The company is eliminating my whole department so it's definitely not my choice. Should I ask them to change the voluntary language in the agreement?

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i signed one of those last year and got unemployment no problem but mine said i was laid off due to business reasons

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The separation agreement itself won't automatically disqualify you, but NYS Department of Labor will look at the actual circumstances of your job loss. If you were laid off or your position was eliminated, that's involuntary separation regardless of what paperwork you sign. However, if there's any suggestion you quit voluntarily or were fired for misconduct, that could create issues. Review the agreement carefully and make sure it accurately reflects that this was the employer's decision, not yours.

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That makes sense. The severance is contingent on signing but the layoff is happening either way. I'll make sure the agreement reflects that.

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Wait, what about the severance pay itself? Won't that affect when I can start collecting benefits? I thought you had to wait until severance runs out.

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Severance pay can affect the timing of your benefits depending on how it's structured. If it's considered wages in lieu of notice, it might delay your eligibility. But if it's just a lump sum separation payment, it usually doesn't affect your weekly benefit timing.

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I had major issues getting through to NYS Department of Labor when I had questions about my separation agreement situation. Kept getting disconnected after waiting on hold forever. Finally used this service called Claimyr (claimyr.com) that actually got me connected to a real person who could review my specific case. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me weeks of frustration trying to get clarity on whether my agreement would affect my benefits.

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Thanks for the tip! I definitely want to talk to someone at NYS Department of Labor before I sign anything just to be sure.

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The whole system is so confusing! Why can't they just have clear guidelines about separation agreements on their website? Every situation seems different and you never know what's going to trip you up.

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I went through this exact situation about 8 months ago with my company in NYC. The key thing that helped me was getting a letter from HR confirming that my position was being eliminated due to restructuring, even though I signed a separation agreement. When I filed my unemployment claim, I uploaded that letter along with the separation agreement. NYS Department of Labor approved my benefits without any issues. The severance didn't delay my benefits either since it was a lump sum payment, not ongoing wages. Just make sure you're honest about everything when you file - they can see if you received severance pay anyway, so transparency is your best bet.

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That's really helpful to know! I'm also in NYC so this gives me hope. Did you have to wait long for approval or was it pretty straightforward once you submitted everything? I'm worried about any delays since I need to start receiving benefits as soon as possible after my last day.

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@Isabella Silva My approval was actually pretty quick - got the determination letter within about 2 weeks of filing. The key was having all my documentation ready upfront. I d'recommend getting that HR letter ASAP and maybe even ask them to specify that it wasn t'performance-related or voluntary on your part. Also, file your claim as soon as your separation is effective, don t'wait. The whole process was much smoother than I expected once I had everything organized properly.

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@Isabella Silva The approval was actually pretty quick - took about 2 weeks total. I filed my claim the day after my last day of work and included all the documentation upfront separation (agreement, HR letter, final paystub showing last day worked .)The key was being proactive with documentation rather than waiting for them to ask for it later. Since you re'also in NYC, I d'recommend getting that HR confirmation letter ASAP if you can - it really seemed to make the difference in my case.

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@Isabella Silva The approval was actually pretty quick - I got my determination letter within about 10 days of filing. The key was having all my documentation ready upfront. Besides the HR letter I mentioned, I also included my separation agreement and my final pay stub showing the severance as a lump sum. Since everything was clearly documented as an involuntary layoff, there weren t'any red flags that would trigger a longer review. Just make sure when you file online that you select laid "off as" your reason for separation, not quit "-" even though you re'signing an agreement, the underlying reason is still that your job was eliminated. The whole process was much smoother than I expected once I had the right paperwork.

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@Isabella Silva It was actually pretty quick in my case - I got approved within about 10 days of filing. The key was having all my documentation ready upfront. I d'recommend gathering everything now: the separation agreement, any emails about the layoff/restructuring, and definitely try to get that confirmation letter from HR like @Ethan Wilson mentioned. Having everything organized made the process much smoother. Also, file your claim as soon as your last day of work hits - don t wait!'

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@Isabella Silva The approval was actually pretty quick - I think it took about 10 days from when I submitted everything online. The key was having all my documentation ready upfront the (HR letter, separation agreement, and a clear explanation of the circumstances .)NYS Department of Labor seemed to appreciate that I was transparent about the severance and provided proof that it was an involuntary layoff. Just make sure to file your claim right after your last day of work, even if you re'still waiting on some paperwork - you can always upload additional documents later through their portal.

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@Isabella Silva In my experience, once I submitted all the documentation separation (agreement + HR letter ,)it took about 2 weeks for initial approval. The key was having everything ready when I filed - don t'wait until after you submit to gather documents. I d'also recommend filing your claim the week after your last day of work, not before. One tip: when you get to the question about why you left your job, select laid "off or" lack "of work rather" than anything that suggests voluntary separation, even if you signed an agreement.

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@Ethan Wilson I m'curious about this too! Also, when you got that letter from HR confirming the position elimination, did you ask for it specifically or did they offer it? I want to make sure I have all the right documentation before I submit my claim. The whole process seems intimidating but your experience makes it sound more manageable.

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@Isabella Silva It was pretty straightforward in my case - I got approved within about 2 weeks of filing. The key was having all my documentation ready upfront the (HR letter, separation agreement, etc. .)One thing I d'recommend is filing your claim as soon as your last day of work, even if you re'receiving severance. That way the clock starts ticking on the review process. Also, when you file online, there s'a section where you can explain your separation circumstances - I wrote a brief explanation that my position was eliminated due to company restructuring and referenced the supporting documents I uploaded. NYS DOL seems to move faster when they have all the info they need right away rather than having to request additional documentation later.

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@Isabella Silva It took about 2 weeks for my initial approval, which is pretty standard for NYS Department of Labor. The key was having all my documentation ready when I filed - the separation agreement, the HR letter about position elimination, and my final pay stub showing the severance. I d'recommend filing your claim as soon as possible after your last day of work, even if you haven t'received your severance payment yet. You can always update them later with additional documents if needed. The waiting period is usually the same regardless, so getting in the queue early helps.

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@Isabella Silva It was actually pretty quick - I got approved within about 2-3 weeks after filing. The key was having all my documentation ready upfront. Besides the HR letter I mentioned, I also included a copy of the separation agreement and made sure to clearly explain in my application that the job loss was due to company restructuring, not my choice. One tip: file your claim right after your last day of work, don t'wait. Even if there are questions about your separation agreement, it s'better to get the process started early. NYS Department of Labor can always adjust your start date if needed, but delays in filing just push everything back further.

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@Ethan Wilson It was pretty quick actually - I got approved within about 2 weeks of filing. The key was having all the documentation ready upfront. Make sure you have your separation agreement, any letters from HR about the layoff/restructuring, and your final pay stub showing when your employment ended. When you file online, there s'a section where you can upload documents - use it! It really speeds up the process when they don t'have to request additional info later. Also file your claim the week your employment ends, don t'wait.

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@b382224f7ba6 I'm curious about this too! Also, did you have any issues with the non-compete clause in your separation agreement affecting your job search while collecting benefits? That's another thing I'm worried about - whether having restrictions on where I can work might impact my eligibility since you're supposed to be actively looking for work.

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@Isabella Silva My approval was actually pretty quick - about 2 weeks after I submitted everything online. The key was having all my documentation ready upfront. I d'recommend filing your claim the day after your last day of work, even if you haven t'received your severance yet. You can always update them about the severance payment later. Also, make sure to keep detailed records of all your job search activities from day one, since they ll'eventually ask for that information during your certification weeks.

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@Isabella Silva It was actually pretty quick - I got approved within about 2 weeks of filing, which I think is pretty standard timing. The key was having all my documentation ready upfront. Besides the HR letter I mentioned, I also kept a copy of the separation agreement and made notes about the timeline of events when (I was notified about the layoff, when I signed the agreement, my last day, etc. .)Having everything organized seemed to help the process go smoothly. Just make sure you file your claim right after your last day of work to avoid any unnecessary delays!

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@Isabella Silva The approval process was actually pretty quick once I had all my documentation in order. I filed on a Monday and got my first payment about 10 days later, which is typical for NYS. The key was being proactive - I called ahead using (that Claimyr service someone mentioned earlier to) confirm what documents I needed, then filed everything online the day after my last work day. Having that HR letter ready made a huge difference. Just don t'wait to file thinking you need to have everything perfect - you can always upload additional documents later if they request them.

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@Isabella Silva The approval was actually pretty quick - I think it took about 2 weeks from when I filed to get my first payment. The key was having all my documentation ready upfront. Make sure you file your claim right after your last day of work, even if you re'still within your severance period. Don t'wait! And definitely get that HR letter I mentioned if you can - it really seemed to make the difference in avoiding any back-and-forth questions from the department.

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@Isabella Silva It was actually pretty quick - I got approval within about 2 weeks of filing. The key was having all my documentation ready upfront. Make sure you have copies of your separation agreement, any HR letters about the layoff, and your final pay stub showing the severance amount. When you file online, there s'a section where you can upload supporting documents right away rather than waiting for them to request it later. That definitely sped up my process.

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@Isabella Silva It was pretty straightforward once I had all the documentation together. The approval took about 2-3 weeks from when I first filed, which is pretty typical from what I understand. The HR letter really seemed to make the difference - I think it showed clear evidence that this wasn t'a voluntary quit situation. My advice would be to get that documentation from your employer before your last day if possible, since it might be harder to get it after you ve'already left the company.

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@Isabella Silva My approval was actually pretty quick - I think it took about 2-3 weeks from when I first filed to when I got my determination letter. The key was having all my documentation ready upfront. Make sure you have copies of your separation agreement, any communication about the layoff/restructuring, and if possible that HR letter I mentioned. Also file your claim right after your last day of work, don t'wait. The sooner you get everything submitted, the sooner they can process it. Just be prepared that they might call you for a phone interview to clarify the circumstances, but as long as you re'honest about it being a layoff situation, you should be fine.

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@Ethan Wilson My approval took about 3 weeks from when I first filed, which included the initial review period. Since I had all the documentation ready the (HR letter and separation agreement ,)there weren t'any follow-up questions that delayed things. The key was being upfront about the severance in my initial application - I listed it in the other "income section" and explained it was a one-time separation payment. As long as you file right after your last day of work and have your paperwork organized, you should be good to go. Just don t'wait to file thinking you need to finish the severance period first - that was a mistake I almost made!

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@Isabella Silva My approval came through pretty quickly - I think it was within about 2 weeks of filing, which seemed standard. The key was having all the documentation ready upfront. Since you re'also in NYC, I d'recommend getting that HR letter I mentioned if possible. It really seemed to help clarify that the separation wasn t'voluntary on my part. Also, when you file online, there s'a section where you can explain your situation - I used that space to briefly note that I was laid off due to company restructuring despite signing a separation agreement. Just be prepared that they might call or email for additional info, so keep all your paperwork handy.

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@Isabella Silva It was pretty quick actually - got approved within about 10 days of filing. The key was having all the documentation ready upfront. Since you re'also in NYC, I d'recommend getting that HR letter I mentioned before your last day if possible. Also, file your claim the Sunday after your last day of work to avoid any delays. The online system can be glitchy sometimes but if you have all your paperwork in order it should go smoothly.

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@Isabella Silva It was pretty straightforward once I had all the documentation together. I filed my claim about a week before my last day of work, and my first payment came through right on schedule after my waiting week. The key was having that HR letter clearly stating it was a layoff due to restructuring - I think that made all the difference. NYS Department of Labor didn t'even question it when they saw both the separation agreement and the elimination letter together. Just make sure you file as soon as you re'eligible and have all your paperwork ready to upload if they request it.

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@Isabella Silva The approval process was actually pretty quick in my case - I got my determination letter within about 2 weeks of filing. The key was having all my documentation ready upfront. Since you re'also in NYC, I d'recommend calling your HR department to get that confirmation letter before your last day if possible. Also, file your claim right away - you can file the week you lose your job even if you re'still receiving severance. The earlier you file, the sooner the clock starts ticking on processing time.

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@Isabella Silva It was actually pretty quick in my case - I got approved within about 10 days of filing. The key was having all my documentation ready upfront. I d'suggest gathering everything now: the separation agreement, any HR letters about the layoff/restructuring, your final pay stub, etc. Also, when you file online, there s'a section where you can upload documents - use that! It seemed to speed up the review process since they had everything they needed right away instead of having to request additional info later.

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