Can I get NY unemployment back pay if I just filed my application today?

Unfortunately, NY unemployment doesn't automatically provide back pay for periods before you filed your initial claim. The general rule is that benefits start from the week you file, not when you became unemployed. In some cases, they might backdate your claim if you can prove there was a good reason for the delay - like if the website was down when you tried to file, or if you were hospitalized.

same boat last year. waited 2 months b4 filing cuz i thought id find a new job fast. NOPE! called and begged them to backdate but they said no way unless u had a legit reason like hospitalized or website errors. regular 'i didnt know' doesnt cut it with them. sucks but thats how it is 🤷‍♂️

You might still have a small chance. File a formal request to backdate your claim and provide a detailed explanation for your delay. While "I didn't know" usually doesn't work, if you can demonstrate that you were misled about eligibility or received incorrect information from an official source, they might consider it. Also, keep in mind that NY unemployment has a "good cause" provision. Document EVERYTHING about why you delayed filing. Include any evidence like emails showing you were actively job hunting or believed you'd be recalled to work soon. Make sure to continue certifying weekly while you wait for a decision on the backdating request!

Being misinformed by your employer about eligibility could potentially qualify as "good cause" for delayed filing! Make sure to include the following in your request: 1. The name and position of the person who gave you incorrect information 2. When and how they told you (email is best if you have it) 3. Exactly what they told you about your eligibility 4. When and how you discovered this information was incorrect Submit this through your online account and also try explaining this to a claims specialist by phone.

I HAD THE EXACT SAME PROBLEM!! The system is designed to confuse people and make them miss out on benefits they deserve!!! I tried calling 78 TIMES to get this fixed and never got through to a real human. They do this on purpose to save money!!!! 😡😡😡

When I had a similar issue last month, I couldn't get through on the phone either. Then my cousin told me about this service called Claimyr that got me connected to an agent in about 20 minutes after trying for days on my own. They have a demo video at https://youtu.be/Rdqa1gKtxuE that shows how it works. It was honestly worth it because I needed to speak to someone about my specific situation, and waiting wasn't an option since I had bills due. The agent I finally spoke with was able to help me file the right paperwork.

To answer your original question directly: It is possible to get back pay, but not guaranteed. According to NYSDOL guidelines updated in 2025, claims can be backdated if you can prove you had "good cause" for not filing sooner. Being given incorrect information by your employer potentially qualifies. You should: 1. File a backdating request through your online account 2. Submit any documentation supporting your claim (emails, texts from employer) 3. Continue certifying weekly while waiting for a decision 4. If denied, you have the right to request a hearing The law allows for up to 26 weeks of backdating for good cause, but practically speaking, anything more than 4-6 weeks is rarely approved unless there were extraordinary circumstances.

quick tip: when u submit ur evidence make sure to highlight or circle the important parts. these ppl get tons of paperwork & dont always read everything. make it SUPER obvious where ur boss said u wouldnt qualify so they cant miss it!

I waited 5 weeks to file last year because I was in the hospital after a car accident. Had all my medical records and everything. They still only backdated me for 2 of those weeks. The system is totally unfair sometimes. Hope you have better luck than I did!

Update us on how it goes with your backdating request! If your employer genuinely misled you about eligibility, that's one of the more solid reasons for backdating. Document everything, be persistent, and don't forget to keep certifying weekly while you wait for their decision. Good luck!

I'm in a similar situation and just wanted to add - make sure you also document the date you discovered the correct information about your eligibility! When I finally realized my employer was wrong about part-time workers not qualifying, I made sure to note exactly when and how I found out (it was through a friend who works in HR). This helped establish a clear timeline for my backdating request. Also, if you have any evidence that you were actively looking for work during those months you didn't file, include that too - it shows you were acting in good faith as an unemployed person even if you weren't collecting benefits yet.

Just wanted to share my experience from last year - I was also told by my employer that I wouldn't qualify for unemployment, but in my case it was because they said I "quit" when I was actually laid off due to budget cuts. I found out weeks later that their characterization was completely wrong. When I submitted my backdating request, I included not just the text messages where they told me I wouldn't qualify, but also documentation showing the real reason for my job loss (the company-wide layoff announcement email). The key thing that helped my case was showing that I relied on official-sounding information from someone in authority. They ended up approving 6 weeks of backdating! The process took about 3 weeks to get a decision, so be patient. Make sure to emphasize in your request that you acted reasonably by trusting your employer's guidance about eligibility.

I went through this exact same situation in early 2024! My manager told me I wouldn't qualify for unemployment because I was only working part-time for 8 months before getting laid off. Turns out that was completely wrong - part-time workers absolutely can qualify if they meet the earnings requirements. I waited 10 weeks before filing because I trusted what she told me. When I finally submitted my backdating request, I included screenshots of our WhatsApp conversation where she specifically said "part-timers don't get unemployment in NY" and also included my pay stubs showing I actually did meet the minimum earnings threshold. They approved backdating for 7 weeks! The key is being super detailed in your explanation and showing that you reasonably relied on what seemed like authoritative information. Since your boss gave you incorrect info about part-time eligibility, that's actually a pretty strong case for "good cause." Don't give up hope - you might be surprised by the outcome!

One thing that really helped strengthen my backdating case was keeping a detailed timeline of everything that happened. I created a simple document with dates of when I lost my job, when my employer told me I wouldn't qualify (with exact quotes), when I discovered they were wrong, and when I finally filed. This timeline made it crystal clear to the claims examiner that I wasn't just procrastinating - I was acting on what I believed to be accurate information from my employer. Also, don't forget to mention in your request that you suffered financial hardship during those months you could have been receiving benefits. While it's not the main factor in their decision, it can help emphasize the impact of the misinformation you received. I mentioned having to drain my savings and borrow money from family, which I think helped humanize my situation. The fact that you have text evidence where your boss specifically told you part-time workers don't qualify is really strong. That's much better than just saying "my boss told me I wouldn't qualify" without specifics. You're in a good position to get at least some of those weeks backdated!

I just want to echo what everyone else is saying about the misinformation from employers being a valid reason for backdating. I work as a paralegal and see this situation come up frequently. The "good cause" standard in NY is actually more flexible than many people realize, especially when it involves reliance on incorrect official information. A few additional tips based on what I've seen work: - Include a cover letter with your backdating request that summarizes your case in 2-3 paragraphs max - If you have any witnesses who heard your employer give you the wrong information, get a brief written statement from them - Calculate exactly how much money you lost by not filing earlier and include that figure - it shows the concrete harm caused by the misinformation The part-time worker misconception is unfortunately super common among employers. Many of them genuinely don't understand the eligibility rules and accidentally give wrong advice. The good news is that NYSDOL recognizes this pattern and tends to be more sympathetic to these cases. Keep us posted on how your request goes - your situation sounds like it has all the right elements for approval!

Just wanted to add my two cents as someone who went through this process recently. I was in a similar boat - waited about 6 weeks to file because I thought I had to be completely out of work for 30 days first (which is totally wrong, but that's what I believed). The key thing that helped my case was being able to show WHERE I got that wrong information from - in my case it was from my company's HR handbook that had outdated info. Like others have mentioned, having that paper trail of misinformation from an "official" source really strengthens your case. One thing I didn't see mentioned yet - if you do get approved for backdating, make sure you understand that you'll still need to meet all the other weekly requirements for those backdated weeks. So if they ask you to certify for those past weeks, you'll need to honestly answer whether you were able and available for work, actively seeking employment, etc. during that time period. The good news is your text evidence sounds really solid. "Part-time workers don't qualify" is such a specific and clearly wrong statement that it should carry a lot of weight with the examiner. Good luck with your request!

I'm dealing with a very similar situation right now! Lost my job in February but didn't file until last week because my HR department told me I needed to wait 60 days before applying (which I now know is completely false). I've been reading through all these responses and I'm getting so much useful information about the backdating process. One thing I wanted to add that might help others - when I called the NYSDOL customer service line to ask about backdating, the representative told me to make sure I submit my request within 30 days of filing my initial claim. Apparently there's an informal deadline they follow, so don't wait too long to submit that backdating paperwork! I'm planning to include screenshots of the email where HR told me about the "60-day waiting period" along with a timeline of events like others suggested. Seeing all these success stories with employer misinformation gives me hope that we both might have a decent shot at getting some of those lost weeks back. The key seems to be having that paper trail showing we received wrong information from someone in authority. Thanks everyone for sharing your experiences - this thread has been incredibly helpful for figuring out how to approach this situation!