Can I file for unemployment with NYS Department of Labor - eligibility questions
I'm not sure if I qualify to file for unemployment benefits through NYS Department of Labor. I got laid off from my retail job last week after working there for about 8 months. My manager said it was due to slow sales but I'm worried they might contest my claim since I called out sick twice last month. I've never filed for unemployment before and don't really understand the process. Can I file for unemployment benefits or do I need to meet certain requirements first? I'm really stressed about paying rent next month.
10 comments


Paolo Longo
Yes, you can definitely file for unemployment! Since you were laid off due to lack of work, that's exactly what unemployment insurance is for. You need to have worked and earned wages in New York during your base period (usually the first 4 of the last 5 completed calendar quarters). With 8 months of work, you should easily meet the earnings requirement. File your claim online at labor.ny.gov as soon as possible - don't wait.
0 coins
Keisha Johnson
•Thank you! Should I be worried about those sick days I took? I had a doctor's note for one of them but not the other.
0 coins
CosmicCowboy
The sick days won't matter if you were laid off for lack of work. NYS Department of Labor will look at the reason for separation your employer reports. Make sure when you file that you select 'laid off/lack of work' as your reason for leaving. You'll need your Social Security number, driver's license, and employment info for the past 18 months including employer names, addresses, and dates worked.
0 coins
Amina Diallo
•This is good advice. I was laid off last year and had to gather all my employment history going back 18 months. It took me forever to find my old pay stubs.
0 coins
Oliver Schulz
File ASAP!! The NYS Department of Labor has been swamped lately and claims are taking forever to process. I filed 3 weeks ago and I'm still waiting for my first payment. The phone lines are impossible to get through - I've tried calling hundreds of times.
0 coins
Natasha Orlova
•If you're having trouble reaching NYS Department of Labor by phone, I used a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of busy signals and hang-ups.
0 coins
Oliver Schulz
•Never heard of that but anything is better than sitting on hold for 4 hours just to get disconnected!
0 coins
Javier Cruz
wait so if i quit my job can i still file for unemployment or only if you get fired?? i hate my current job but dont want to lose benefits
0 coins
Paolo Longo
•You generally can't get unemployment if you quit voluntarily unless you had 'good cause' like unsafe working conditions or harassment. Getting laid off or fired for reasons other than misconduct usually qualifies you.
0 coins
Emma Wilson
Good luck with NYS Department of Labor... took them 6 weeks to approve my claim last time and that was before COVID made everything worse. Make sure you keep filing your weekly claims even if your initial claim is still pending or you'll lose benefits for those weeks.
0 coins