Can undocumented workers file for NYS Department of Labor unemployment benefits?
I'm asking for a friend who's been working under someone else's social security number for the past two years at a restaurant in Queens. They got laid off last week and wondering if they can file for unemployment with NYS Department of Labor. I know it sounds like a long shot but they've been paying into the system through payroll deductions. Has anyone been in this situation or know what happens if you try to file without proper documentation? Really worried about them getting in trouble if they attempt to apply.
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Isaiah Cross
Unfortunately, to be eligible for unemployment benefits through NYS Department of Labor, you must be authorized to work in the United States. The application requires a valid Social Security number that matches your identity, and they verify employment authorization as part of the process. Even if taxes were withheld from paychecks, without proper work authorization, your friend wouldn't qualify for UI benefits. I'd recommend consulting with an immigration attorney about their specific situation.
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Joy Olmedo
•That's what I figured but wanted to double check. Are there any other resources they might be able to access for help with bills and food while looking for work?
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Kiara Greene
Your friend should be really careful about filing any claims with NYS Department of Labor if they don't have proper documentation. The state agencies share information and it could potentially flag them for other issues. There are community organizations in NYC that help undocumented workers find resources during unemployment - might be safer to start there instead of with official government programs.
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Evelyn Kelly
•This is good advice. Local food banks and community centers often have programs specifically for people who can't access regular government benefits.
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Paloma Clark
wait so even if they paid taxes they cant get unemployment?? that seems really unfair if they were contributing to the system through their paychecks
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Isaiah Cross
•I understand the frustration, but unemployment insurance is specifically for people authorized to work. The contributions were made using someone else's SSN, so there's no way to properly process a claim. It's a complex situation with legal implications beyond just the unemployment benefits.
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Heather Tyson
I had a really hard time getting through to NYS Department of Labor when I needed to speak to someone about my claim status last month. If anyone needs to actually talk to an agent about eligibility questions or any unemployment issues, I found this service called Claimyr at claimyr.com that helped me get connected. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth checking out if you need to speak to someone directly about specific situations rather than guessing about eligibility rules.
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Joy Olmedo
•Thanks for the info but in this case I think we already know the answer. Appreciate you sharing though - might be helpful for other situations.
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Ella Russell
This is such a difficult situation. While I agree with what others have said about the legal eligibility requirements, I wanted to mention that many immigrant worker centers and advocacy organizations in NYC specifically help with situations like this. Organizations like Make the Road NY, New York Immigration Coalition, and local mutual aid groups often have emergency assistance programs and know about resources that don't require documentation status verification. They can also provide guidance on worker rights and next steps. Your friend shouldn't feel alone in this - there are communities and organizations that understand these challenges and want to help.
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Oliver Schmidt
•This is really helpful information, thank you! I'll definitely share these organization names with my friend. It's reassuring to know there are groups out there that specifically understand these situations and can provide support without judgment. Do you happen to know if any of these organizations also help with job placement or connecting people to employers who are more understanding about documentation issues?
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Aidan Hudson
This is heartbreaking to read about your friend's situation. While the others are absolutely right about the legal requirements for unemployment benefits, I want to emphasize how important it is for your friend to be extremely cautious. Using someone else's Social Security number is considered identity theft under federal law, and filing for benefits could potentially expose them to serious legal consequences beyond just being denied. I would strongly encourage them to speak with an immigration attorney immediately - many offer free consultations or work on sliding scale fees. The attorney can help assess their overall situation and advise on the safest path forward. In the meantime, the community organizations others mentioned are definitely the way to go for immediate support with food and basic needs.
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Chloe Taylor
•This is such important advice about speaking with an immigration attorney first. I wanted to add that some cities also have free legal clinics specifically for immigration issues - libraries often have information about these, and 311 in NYC can sometimes connect people to resources. Also, while looking for legal help, your friend should be really careful about who they talk to - unfortunately there are people who take advantage of vulnerable situations. Only work with licensed attorneys or recognized legal aid organizations. The situation is scary but there are legitimate people and organizations who want to help navigate this safely.
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