Can I get unemployment benefits from NYS Department of Labor - eligibility questions
I'm trying to figure out if I can get unemployment benefits in New York. I just lost my job last week when the restaurant I worked at closed down permanently. I worked there for about 8 months full-time as a server. Before that I had another job for like 6 months but got laid off. I'm really confused about whether I qualify and what I need to do to apply. I've never filed for unemployment before and don't know where to start. Do I qualify? What documents do I need? How long does it take to get approved?
21 comments


Mei Chen
You likely qualify for unemployment benefits if you were let go due to restructuring and not for misconduct. You'll need to file your initial claim on the NYS Department of Labor website at labor.ny.gov. You'll need your Social Security number, employment history for the past 18 months, and your reason for separation. The job search requirement means you need to make at least 3 work search contacts per week and keep a log of your activities.
0 coins
Jamal Edwards
•Thank you! Do I need to wait a certain amount of time before filing or should I do it right away?
0 coins
Omar Hassan
Yes, you should definitely qualify for unemployment benefits! Since you worked full-time for 8 months and were laid off through no fault of your own (restaurant closure), you meet the basic requirements. You'll need to file your claim on the NYS Department of Labor website at labor.ny.gov. You'll need your Social Security number, driver's license, and employment information for the last 18 months including employer names, addresses, and dates of employment. The process usually takes 2-3 weeks if there are no issues with your claim.
0 coins
Freya Pedersen
•Thank you! Do I need pay stubs or anything like that? I think I have most of my old pay stubs but not sure if I have them all.
0 coins
Chloe Anderson
Make sure you apply ASAP because there's usually a one week waiting period before benefits start. You can file online 24/7 which is way easier than trying to call. When you file, be really accurate with your employment dates and wages because NYS Department of Labor will verify everything with your employers. If there are any discrepancies it can delay your claim and put it into adjudication.
0 coins
Freya Pedersen
•What's adjudication? That sounds scary.
0 coins
Omar Hassan
•Adjudication just means they need to review your claim more carefully, usually to verify employment or wages. It can add a few weeks to the process but it's not necessarily bad news.
0 coins
Diego Vargas
i got unemployment when my place closed too, took like 3 weeks to get my first payment but it was fine. just make sure you do the weekly claims every week even while you're waiting or you'll miss out on money
0 coins
CosmicCruiser
The NYS Department of Labor system can be really frustrating to deal with. I spent hours trying to get through on the phone when I had questions about my claim. If you run into issues and can't reach anyone, there's actually a service called Claimyr that helps people get through to NYS Department of Labor agents. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I used it when my claim got stuck and it saved me so much time and stress.
0 coins
Freya Pedersen
•Is that legit? I don't want to get scammed or anything.
0 coins
CosmicCruiser
•Yeah it's totally legitimate. They just help you get through the phone system faster. I was skeptical at first too but it actually worked when I couldn't reach anyone for weeks.
0 coins
Liam O'Sullivan
File ASAP! There's a one-week waiting period before you can receive benefits, so the sooner you file the better. You'll need to certify for weekly benefits every week to keep getting paid. Make sure you have all your employment info ready - dates of employment, employer addresses, and your gross wages for each job in the last 18 months.
0 coins
Amara Okonkwo
•this is good advice, i waited like 2 weeks to file and wish i had done it sooner
0 coins
Giovanni Marino
I was in a similar situation last year and had SO many questions about eligibility. The NYS Department of Labor website has a lot of info but sometimes it's hard to get through on the phone when you need to talk to someone. I ended up using this service called Claimyr (claimyr.com) that helped me get through to an actual agent when I couldn't reach anyone myself. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling and getting busy signals.
0 coins
Fatima Al-Sayed
•Never heard of that but might be worth checking out if the phone lines are still as bad as they used to be
0 coins
Dylan Hughes
The system is SO frustrating!! I've been trying to get my claim sorted out for weeks and keep getting different answers from different people. But yes you should definitely apply if you were laid off. Just be prepared for lots of waiting and confusion because the NYS Department of Labor system is not user friendly AT ALL.
0 coins
NightOwl42
•I feel you on this, the whole process is way more complicated than it needs to be
0 coins
Amara Okonkwo
yeah you can get benefits if you worked long enough and didn't get fired for doing something wrong. just go to the website and start filling out the application, it will tell you if you qualify or not
0 coins
Anastasia Fedorov
DON'T TRUST THE SYSTEM!!! They'll find any excuse to deny your claim or delay it for months. I've been fighting with NYS Department of Labor for over a year about an overpayment that makes no sense. They claim I owe them $2,800 but won't explain how they calculated it. Save every document and screenshot everything because they will change your information without telling you.
0 coins
Sean Doyle
•That's really frustrating but most people don't have those kinds of problems. The system works fine for the majority of claimants.
0 coins
Sean Doyle
Just wanted to add that you'll also need to register for work search once your claim is approved. You'll need to apply for jobs and keep a log of your search activities. The requirements changed recently so make sure you understand what you need to do to maintain your benefits.
0 coins