Can I receive unemployment benefits through NYS Department of Labor - basic eligibility question
Sorry if this sounds like a dumb question but I'm really confused about whether I can receive unemployment benefits. I worked at a restaurant for about 8 months until they laid me off last week due to slow business. I've never filed for unemployment before and don't really understand how it works. Do I automatically qualify or are there specific requirements I need to meet? I'm 23 and this was my first real job after college. I've been reading about the NYS Department of Labor website but all the terminology is confusing me. Any help would be appreciated!
9 comments


Giovanni Marino
You likely qualify for unemployment benefits if you meet the basic requirements. Since you were laid off (not fired for cause), that's a good start. The main things NYS Department of Labor looks for are: 1) You worked enough quarters to establish a claim, 2) You earned enough wages during your base period, 3) You're able and available to work, and 4) You're actively seeking employment. With 8 months of work, you probably have enough work history. You should file your claim as soon as possible since benefits don't start until you actually apply.
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Amara Okonkwo
•Thank you! What exactly is a base period? And how much do I need to have earned? I was making about $2,800 per month at the restaurant.
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Fatima Al-Sayed
The base period is usually the first four of the last five completed calendar quarters before you file your claim. So if you file now in January 2025, your base period would be January 2024 through December 2024. You need to have earned at least $2,600 in your base period and worked in at least two quarters. Your $2,800/month definitely meets the wage requirement. Just go to the NYS Department of Labor website and start your application - the system will tell you if you qualify.
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Dylan Hughes
•This is right but just to add - you also need to have earned at least $2,600 total AND at least 1.5 times your highest quarter earnings spread across your base period. It's not just about the total amount.
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NightOwl42
yeah you should be fine, i got unemployment when i got laid off from my retail job and i only worked there 6 months. the hardest part is actually getting through to someone at NYS Department of Labor when you have questions lol. their phone lines are always busy
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Sofia Rodriguez
•If you're having trouble reaching NYS Department of Labor by phone, I recently discovered this service called Claimyr (claimyr.com) that helps you get through to agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. I used it when my claim got stuck in adjudication and finally got answers after weeks of trying to call myself.
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Dmitry Ivanov
Don't assume anything!! The unemployment system is designed to deny people. I worked for 2 years and they still found some excuse to delay my benefits for months. Make sure you have ALL your paperwork ready and document everything. Save screenshots of everything you submit because they WILL lose your information.
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Amara Okonkwo
•That sounds scary... what kind of paperwork do I need? I still have my pay stubs from the restaurant.
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Ava Thompson
Keep your expectations realistic about the benefit amount too. The weekly benefit in NY maxes out around $504 but most people get way less than that. It's based on your earnings so with restaurant wages you're probably looking at maybe $200-300 per week if you qualify.
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