Can I collect unemployment while waiting for new job to start in NY?

Yes, you can absolutely collect unemployment while waiting for your new job to start! The key is that you're currently unemployed and available for other work if this job fell through. When you file your weekly claims, you'll need to report that you're able and available for work. Just make sure to report your job search activities - you should still be applying to other positions until your start date is confirmed.

You should report the job offer when you file your initial claim or during your weekly certification. Be honest about your situation - NYS Department of Labor allows benefits while waiting for work to begin as long as the start date isn't immediate. The general rule is if your start date is more than a week away, you can collect. Just keep doing your required work search activities until you actually start working.

Wait, I thought if you have a job lined up you can't collect? I'm so confused about all these rules. What if the background check doesn't go through??

I had the worst time trying to get through to NYS Department of Labor to ask about this exact situation. Spent hours on hold just to get disconnected. Finally used claimyr.com to get connected to an agent and they explained the whole process. There's actually a good video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Way easier than sitting on hold for hours.

Make sure you understand the work search requirements too. Even with a job lined up, you'll need to document your job search activities for each week you claim benefits. Keep track of where you apply and when.

good luck! same thing happened to my cousin and she got benefits no problem. just be honest about everything

I went through something similar a few months ago! Had a 3-week gap between accepting an offer and starting due to their onboarding process. NYS approved my claim without any issues. The key things I learned: 1) Report the pending job honestly when filing, 2) Keep applying to other positions during your weekly certifications (I applied to 3-4 jobs per week just to be safe), and 3) Be prepared to explain that you're still available for immediate work if something else came up. The waiting period actually worked in my favor because it gave me time to wrap up some personal things before starting the new role. You should be fine as long as you're transparent with DOL!

I'm in almost the exact same situation right now - accepted an offer but can't start until mid-February due to their HR processes. I filed my initial claim online and was upfront about having a pending job offer. The system actually has a specific question about this during the application process. I've been collecting benefits for 3 weeks now without any issues. Just make sure you're genuinely available for other work (which you are since background checks can fall through) and keep up with the work search requirements. The weekly certification asks if you're able and available to work - answer yes as long as you truly would take another immediate position if offered. Don't stress about it too much, this is a pretty common scenario and NYS DOL handles it routinely.

I was in a very similar situation about 8 months ago - laid off in November, got a job offer in December but couldn't start until late January due to their slow HR department and holiday schedules. NYS DOL was actually really understanding about it. When I called (after waiting forever on hold), the representative explained that as long as you're genuinely available for other immediate work and the start date isn't within the next few days, you can collect benefits. The important thing is that you're not turning down other job opportunities because you're waiting for this one to start. I kept applying to 3-5 positions per week during my weekly certifications and documented everything. Even mentioned in my work search log that I had a pending offer but was still actively seeking immediate employment opportunities. Everything went smoothly and I transitioned right into the new job without any overpayment issues. Just be completely honest with DOL and keep treating your job search seriously until you actually start working.

I'm currently dealing with this exact situation and wanted to share what I learned from calling NYS DOL directly. They confirmed that you can collect benefits while waiting for a job to start as long as you meet two key criteria: 1) You're genuinely available and able to work immediately if another opportunity arose, and 2) Your start date is more than one week away. The rep I spoke with emphasized that having a future job offer doesn't disqualify you - what matters is your current employment status and availability. She also mentioned that many people worry unnecessarily about this scenario, but it's actually very common and the system is set up to handle it. The most important thing is being honest on your weekly certifications and continuing to actively search for work until you actually start your new position. Document everything and treat it like any other unemployment period in terms of your job search obligations.

I'm actually going through this right now too! Just wanted to add that when I filed my initial claim online, there was a specific section asking about any pending employment. I was honest about my February start date and the system processed my claim normally. The key thing I've learned from this thread and my own research is that you're genuinely unemployed until you actually start working and receiving paychecks. Background checks can fail, companies can change their minds, or economic conditions can shift - nothing is guaranteed until you're actually on the job. I've been doing my weekly certifications for about a month now and haven't had any issues. Just make sure you're legitimately available for other immediate work (which it sounds like you are since you need the income) and keep up with your job search requirements. The peace of mind knowing I have some income coming in while I wait has been huge. Good luck with your new position when it starts!