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.
9 comments
Join the conversation
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.
0 coins
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?
0 coins
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.
0 coins
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.
0 coins
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
0 coins
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.
0 coins
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.
0 coins
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.
0 coins
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.
0 coins