Can I file for unemployment after my severance runs out in New York?
Lost my job in October and received a severance package that covers me through the end of January. The company said I can't file for unemployment while receiving severance pay. My question is - can I file for unemployment benefits with NYS Department of Labor once my severance officially ends in February? Or do I need to wait a certain period after severance stops? I'm getting conflicting information online and want to make sure I don't miss any deadlines or mess up my eligibility.
24 comments


Aisha Abdullah
Yes, you can absolutely file for unemployment benefits once your severance ends. The key thing is that severance payments typically make you ineligible while you're receiving them, but once they stop, you can file a claim with NYS Department of Labor. I'd recommend filing your initial claim right after your last severance payment so there's no gap in coverage. Make sure you have your termination paperwork and severance agreement ready when you apply.
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Mateo Rodriguez
•That's a relief! Do I need to report the severance I already received when I file my initial claim?
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Ethan Wilson
Just went through this exact situation last year. You'll want to file your claim as soon as possible after severance ends because there's usually a one-week waiting period before benefits start. When you file online through my.ny.gov, they'll ask about any severance or separation pay you received. Be honest about the dates and amounts - NYS Department of Labor will verify this with your employer anyway.
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NeonNova
•How long did it take for your claim to get approved? I'm worried about the gap between severance ending and benefits starting.
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Ethan Wilson
•Mine took about 2 weeks total - one week for the waiting period and another week for processing. If everything is straightforward with your termination, it should be pretty quick.
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Yuki Tanaka
ugh the nys department of labor website is so confusing about this stuff. i tried calling them when my severance ended but could never get through to a real person. ended up just filing online and hoping for the best
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Carmen Diaz
•I had the same problem trying to reach NYS Department of Labor by phone. If you need to speak with an agent about your specific situation, I actually used a service called Claimyr (claimyr.com) that helped me get through to someone. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of trying to call myself.
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Andre Laurent
One thing to keep in mind is that your benefit amount will be calculated based on your wages before you were laid off, not including the severance. So if you made good money before getting terminated, your weekly benefit should reflect that. The severance doesn't count as wages for UI calculation purposes.
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Emily Jackson
Make sure you're ready to start your job search requirements right away too! NYS Department of Labor requires you to be actively looking for work and keeping a log of your search activities. Don't wait until after you file to start applying for jobs.
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Angelina Farar
I'm in a similar situation right now - my severance runs out next month and I've been stressing about the timing. From what I've researched, you should be able to file immediately after your last severance payment. One tip I found is to gather all your employment documents now (W-2s, pay stubs, termination letter) so you're ready to go. Also, don't forget that you can start preparing your job search activities before you file - having that documentation ready will help you meet the work search requirements from day one.
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Zoe Alexopoulos
•That's really smart advice about gathering documents early! I hadn't thought about preparing the job search documentation ahead of time. Quick question - do you know if there's a specific format NYS Department of Labor wants for the work search log, or can we just keep our own records of applications and interviews?
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QuantumQuest
@Mateo Rodriguez - I went through this exact same situation a few months ago! You can definitely file once your severance ends in February. Here's what I learned: file your claim on the first day after your last severance payment (so if your last payment is end of January, file February 1st). When you apply online, they'll ask about your severance - just be honest about the dates and amounts. The good news is your benefit amount will be based on your regular wages before termination, not the severance. Also start documenting your job search activities now even before you file, because NYS requires you to be actively looking and keeping records from day one of your claim. The whole process took about 2-3 weeks for me from filing to receiving my first payment. Don't stress too much - you're in a pretty straightforward situation!
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Maya Patel
•@QuantumQuest This is super helpful, thank you! Just to clarify - when you say "file on the first day after your last severance payment," do you mean I should wait for the payment to actually hit my bank account, or can I file based on when the company says the payment period ends? My severance agreement says payments end January 31st, but sometimes there's a delay in when the actual money shows up. I want to make sure I don't file too early and mess up my eligibility.
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Emma Johnson
I just went through this process myself last month! You're absolutely right that you can file for unemployment once your severance ends - I filed my claim the day after my final severance payment and it went smoothly. One thing that really helped me was creating a folder with all my documents beforehand: termination letter, severance agreement, recent pay stubs, and W-2s. When I filed online through my.ny.gov, they asked detailed questions about the severance including exact dates and amounts, so having everything organized saved me time. Also, definitely start your job search documentation now even before filing - NYS requires you to log all your work search activities from the very first week you claim benefits. The whole approval process took about 2 weeks for me, and my first payment came the week after that. You're in a good position since your termination was a layoff rather than being fired for cause. Good luck!
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Anastasia Popov
•@Emma Johnson This is exactly the kind of detailed guidance I was hoping for! Creating a document folder ahead of time is brilliant - I m'going to start gathering everything now. Quick question about the work search documentation - do you remember if NYS Department of Labor has a specific format they want for logging job search activities, or did you just keep your own spreadsheet/notes? I want to make sure I m'tracking everything correctly from the start.
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Zoe Alexopoulos
I'm actually dealing with a similar situation right now - my severance ends in March and I've been researching this extensively. From everything I've read and the experiences shared here, you should be good to file right after your severance ends in February. One thing I learned that might help you is to screenshot or save copies of your severance agreement and any communications from your employer about the payments, since NYS Department of Labor sometimes asks for documentation to verify the dates. Also, I'd recommend setting up your my.ny.gov account now if you haven't already - it takes a few days to get verified and you'll want to be ready to file immediately once February hits. The consensus seems to be that timing is important to avoid any gaps in coverage. Hope this helps and good luck with your claim!
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Zainab Yusuf
•@Zoe Alexopoulos Great point about setting up the my.ny.gov account early! I hadn t'thought about the verification delay. I m'actually in a very similar boat - my severance runs through February as well. One question for you or (anyone else who s'been through this -) did you find it helpful to contact your former employer s'HR department before filing to confirm the exact end date of severance payments? I m'wondering if there could be any confusion about when the payments officially stop, especially if there are things like accrued vacation pay that might be included in the final payment.
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CosmicVoyager
I went through this exact situation in New York last year and can confirm you're on the right track! You can absolutely file for unemployment once your severance payments end in February. The key is to file your initial claim as soon as possible after your last severance payment - don't wait weeks or you might miss out on benefits you're entitled to. When I applied through my.ny.gov, they asked very specific questions about my severance including exact dollar amounts and payment dates, so definitely keep all your documentation handy. One thing that caught me off guard was that they required me to report my severance even though it had already ended - it's part of their standard verification process. Also, start planning your job search strategy now because NYS has pretty strict work search requirements that kick in immediately. The good news is your weekly benefit amount will be calculated based on your regular wages before you were laid off, not including the severance payments. My whole process from filing to first payment took about 3 weeks total. You should be in good shape since this is a straightforward layoff situation!
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Alicia Stern
•@CosmicVoyager This is really reassuring to hear from someone who went through the exact same situation! I'm curious about one detail you mentioned - when NYS asked you to report your severance even though it had ended, did that create any delays in your claim approval? I'm worried that reporting severance payments might somehow complicate things even if they're already finished. Also, you mentioned the work search requirements kick in immediately - does that mean I need to have job applications ready to report for the very first week I file, or is there any grace period to get started with the search activities?
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Natasha Kuznetsova
Just wanted to add another perspective as someone who recently navigated this process! You're absolutely right that you can file once your severance ends - I did this successfully earlier this year. One tip that really helped me was to take screenshots of the my.ny.gov confirmation pages after filing, because sometimes the system can be glitchy and it's good to have proof you submitted everything on time. Also, if your employer provided you with any written documentation about when your severance officially ends (like an HR letter or email), save copies of those too - I found NYS Department of Labor appreciated having that clear documentation during the review process. The transition from severance to unemployment benefits was smoother than I expected once I had all my paperwork organized. You're being smart by planning ahead instead of waiting until the last minute!
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Beatrice Marshall
•@Natasha Kuznetsova That s'such a practical tip about taking screenshots of the confirmation pages! I never would have thought of that but it makes total sense given how government websites can sometimes have technical issues. I m'definitely going to do that when I file. Did you find that having the written documentation from HR about severance end dates helped speed up the approval process, or was it more just for your own peace of mind? I m'trying to decide if it s'worth reaching out to my former employer s'HR department to get something in writing, or if the severance agreement I already have will be sufficient documentation for NYS Department of Labor.
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Natalie Adams
I'm going through this exact same situation right now! My severance runs out in March and I've been researching this non-stop. Based on everything I've read here and from the NYS Department of Labor website, you can definitely file once your severance payments end. What I've learned is that timing is crucial - you want to file your initial claim the day after your last severance payment to avoid any gaps in coverage. I've already started gathering all my documents (termination letter, severance agreement, recent pay stubs) and set up my my.ny.gov account so I'm ready to go immediately when March hits. One thing that's been helpful is keeping a detailed calendar of when each severance payment comes in so I know exactly when to file. Also started documenting potential job opportunities now even though I haven't officially started my search yet - figured it's better to be over-prepared for those work search requirements. The peace of mind from planning ahead has been worth it!
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Dmitry Petrov
•@Natalie Adams Your approach of keeping a detailed calendar of severance payments is so smart! I wish I had thought of that when I was going through this process. It really does help to know exactly when that last payment hits so you can file immediately. I m'curious - when you say you re'documenting potential job opportunities now, are you actually applying to positions or just researching and saving job postings? I m'trying to figure out the best way to prepare for those work search requirements without jumping the gun on applications while I m'still technically receiving severance pay.
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Sofia Morales
I just went through this process a few months ago and can definitely confirm you can file once your severance ends! Here's what worked for me: I filed my claim on February 1st (the day after my last severance payment on January 31st) and had my first unemployment payment within 3 weeks. A few practical tips that really helped - first, make sure you have your termination paperwork, severance agreement, and last few pay stubs ready because the online application asks for specific dates and dollar amounts. Second, create your my.ny.gov account now if you haven't already since it takes a few days to verify. Third, start keeping a simple spreadsheet of job search activities even before you file - NYS requires documentation from week one and it's easier to be prepared. The whole process was much more straightforward than I expected, especially since you have a clear layoff situation rather than termination for cause. Don't stress too much about the gap between severance ending and benefits starting - as long as you file promptly, you should be covered. Good luck!
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