Can at will employees collect unemployment in NY - need clarification on eligibility
I got laid off from my job last week and I'm trying to figure out if I can file for unemployment benefits. I was an at-will employee for 2.5 years at a marketing company in Albany. My supervisor just called me into the office Friday and said they were eliminating my position due to budget cuts. I know at-will means they can fire me for any reason but does that affect my ability to get unemployment? I've been reading conflicting info online about whether at-will employment status matters for NYS Department of Labor claims. Has anyone else been in this situation?
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Freya Ross
At-will employment status doesn't disqualify you from unemployment benefits in New York. What matters is the reason for separation, not your employment type. Since you were laid off due to budget cuts and not fired for misconduct, you should be eligible. The NYS Department of Labor will look at whether you lost your job through no fault of your own, which sounds like your situation.
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Butch Sledgehammer
•That's a relief! So the fact that I was at-will doesn't matter as long as I wasn't fired for doing something wrong?
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Leslie Parker
File your claim as soon as possible - there's a waiting period anyway. Make sure you have your employer's info ready and be honest about the reason for separation when you fill out the application on the NYS Department of Labor website. If they contest your claim saying it was for cause, you'll have a chance to appeal.
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Sergio Neal
•definitely file right away, I waited too long and lost out on some benefits
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Savanna Franklin
I was at-will too and got unemployment no problem when my company downsized. Being at-will just means they don't need advance notice to let you go, but it doesn't affect your UI eligibility. The key is that you were laid off, not terminated for performance or misconduct.
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Butch Sledgehammer
•How long did it take for your claim to get approved? I'm worried about how I'll pay rent next month.
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Savanna Franklin
•Mine took about 3 weeks but that was during a busy period. Just keep filing your weekly claims even while it's processing.
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Juan Moreno
Wait I'm confused - doesn't at-will mean they can fire you without cause? How does that work with unemployment eligibility?? I thought you needed a good reason to get benefits.
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Freya Ross
•At-will means they can terminate without notice, but unemployment eligibility is about whether YOU did something wrong. Layoffs, company closures, downsizing - these all qualify. Firing for theft, attendance issues, insubordination - these might disqualify you.
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Amy Fleming
If you're having trouble getting through to the NYS Department of Labor phone lines to check on your claim status, I had good luck using Claimyr. It's a service that helps you get connected to an actual agent without sitting on hold forever. There's a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of frustration trying to call myself.
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Butch Sledgehammer
•Thanks for the suggestion! I'll check that out if I have issues reaching them.
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Alice Pierce
been there done that with the at will thing, most ppl dont realize it has nothing to do with UI benefits just means no job security basically
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Sofia Torres
Just wanted to add that you should also gather any documentation from your employer about the layoff - like an email or letter stating it was due to budget cuts. This can help if your former employer tries to contest your claim later. Also, make sure you meet the work history requirements (you need to have worked in at least 2 calendar quarters and earned a minimum amount). With 2.5 years of work history you should be fine, but it's good to double check. Good luck with your claim!
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