Can you claim unemployment until your first paycheck from new job?
I just started a new job last week but won't get my first paycheck for another two weeks. I've been collecting unemployment for the past 3 months. Can I keep filing my weekly claims with NYS Department of Labor until I actually receive my first pay? I'm worried about having no income for these two weeks between my last unemployment payment and my first paycheck. The job is full-time so I know I'll have to stop claiming eventually, but what about this gap period?
25 comments


Zara Ahmed
No, you need to stop filing weekly claims as soon as you start working, even before your first paycheck arrives. The NYS Department of Labor considers you employed from your first day of work, not when you get paid. If you continue claiming after starting work, you could face an overpayment notice later.
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Sean O'Donnell
•That's what I was afraid of. So there's really no way to bridge this gap? Two weeks with no income is going to be really tough.
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StarStrider
yeah i made this mistake when i started my job last year, kept filing for like 3 weeks until my first check came and then got hit with a $1,200 overpayment demand from nysdol. definitely not worth it
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Sean O'Donnell
•Ouch, that sounds awful. Did you have to pay it back all at once or could you set up a payment plan?
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StarStrider
•they let me do a payment plan but it was still a pain dealing with all the paperwork and phone calls
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Luca Esposito
The rule is clear - you must report work and earnings for the week you start working, regardless of when you receive payment. However, if you're working part-time hours initially, you might still be eligible for partial benefits. Check your weekly claim certification carefully and answer honestly about hours worked and wages earned (even if not yet received).
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Sean O'Donnell
•It's full-time, 40 hours a week, so I guess that rules out partial benefits. Thanks for clarifying the rule though.
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Nia Thompson
I'm dealing with something similar but my new job doesn't start until next week. This whole system is so confusing! What if I work just one day in a week - do I still lose the whole week of benefits?
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Zara Ahmed
•You need to report any work, but working just one day might not disqualify you for the entire week. It depends on how much you earn and the hours worked. NYS Department of Labor has specific formulas for partial unemployment benefits.
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Mateo Rodriguez
I had trouble getting through to NYS Department of Labor when I had questions about this exact situation. If you need to talk to someone directly about your specific case, I recently discovered this service called Claimyr (claimyr.com) that helps you actually reach a live agent. They have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of busy signals and dropped calls.
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Sean O'Donnell
•Thanks, I might need to look into that if I run into any issues with my final claim.
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Aisha Abdullah
Congratulations on the new job! Yeah the timing sucks but better to be honest on your claims than deal with overpayment headaches later.
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Ava Hernandez
I went through this exact same situation a few months ago and it really is frustrating! The gap between your last unemployment payment and first paycheck is rough, but definitely don't risk the overpayment. I ended up having to borrow some money from family to get through those two weeks. One thing that helped was reaching out to local food banks and seeing if my utility companies had any hardship programs to defer payments. It's not ideal but it's temporary - hang in there!
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Angelica Smith
•That's really helpful advice about the food banks and utility hardship programs - I hadn't thought of those options. It's reassuring to hear from someone who went through the same thing. Did you have any trouble with your employer understanding the situation? I'm wondering if I should explain to HR why I might seem stressed about money these first couple weeks.
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Ava Garcia
This is such a common and stressful situation! I went through the same thing about 6 months ago. The financial gap is really tough, but everyone here is right - you have to stop claiming as soon as you start working. One thing that helped me was asking my new employer if they offered any kind of advance on my first paycheck or if they had a shorter pay cycle for new employees. Some companies are understanding about this situation. Also, if you have any credit cards with cash advance options or apps like Earnin that let you access wages early, those might be worth looking into as a bridge. The most important thing is don't risk the overpayment - I've seen people get hit with those demands months later and it's way worse than a couple weeks of tight budgeting.
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Zainab Abdulrahman
•Great suggestions! I never thought to ask about a paycheck advance - that's definitely worth exploring. The credit card cash advance is a good backup option too, though I'll try to avoid those fees if possible. It's really helpful to hear from people who've been through this exact situation. Makes me feel less alone in dealing with this gap period.
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Giovanni Martello
I'm in a very similar boat right now - just accepted a job offer and start Monday, but won't see my first check until the end of the month. Reading through everyone's experiences here is both helpful and nerve-wracking! It sounds like the consensus is clear: stop filing immediately when work starts, even though the financial gap is brutal. I'm definitely going to look into some of the suggestions mentioned here like asking about paycheck advances and checking out local assistance programs. Has anyone had luck negotiating with their new employer about getting paid weekly instead of bi-weekly for the first month or so? Seems like it might be worth asking HR about during onboarding.
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Benjamin Kim
•That's definitely worth asking about during onboarding! Some companies are more flexible than others with pay schedules for new hires. The worst they can say is no, but you might be surprised - especially if you explain the situation professionally. Another thing I'd suggest is checking if your new job offers any employee assistance programs or emergency loans for situations like this. Some larger companies have these resources specifically for new employees dealing with the transition gap. Good luck with the new job and navigating those first few weeks!
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QuantumQuasar
I'm going through this exact situation right now too! Just started a new position this week and won't get paid for another 10 days. It's such a catch-22 - you need the job but there's this awful financial gap. After reading everyone's advice here, I'm definitely not going to risk filing any more claims, even though it means surviving on basically nothing for over a week. I managed to get a small emergency loan from my credit union which helped bridge part of the gap. Also found out my local community center has a food pantry that's open twice a week, which takes some pressure off the grocery budget. It's stressful but temporary - and way better than dealing with overpayment issues down the road. Hang in there everyone dealing with this!
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Aisha Hussain
•I'm glad I found this thread - I'm literally in the same boat starting my new job tomorrow! It's reassuring to see so many people have navigated this successfully, even though the financial gap is scary. The credit union emergency loan is a great idea that I hadn't considered. I've been stressing about this transition for weeks, but reading everyone's experiences makes it clear that being honest about work status is the only way to go, even if it means some tough weeks ahead. Thanks for sharing your resource finds too - I'm going to look into food pantries in my area this weekend.
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Lucas Adams
This thread has been incredibly helpful! I'm starting a new job next Monday and was really stressing about this exact situation. The financial gap is going to be tough - I'm looking at almost 3 weeks between my last unemployment check and first paycheck. But after reading everyone's experiences, especially the overpayment horror stories, I know I need to stop filing immediately when I start work. I'm going to try some of the suggestions mentioned here - checking with HR about paycheck advances, looking into local food banks, and maybe seeing if my bank offers any short-term emergency assistance. It's scary but I'd rather deal with a few tough weeks than get hit with an overpayment demand later. Thanks everyone for sharing your experiences - it really helps to know others have made it through this transition successfully!
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Victoria Scott
•I'm in almost the exact same situation - starting a new position next week and facing that same 3-week gap! It's honestly terrifying but this thread has been such a lifesaver. Everyone's advice about being upfront with HR during onboarding is spot on. I'm planning to ask about paycheck advances and see if they have any flexibility with the pay schedule for new hires. The food bank suggestion is really practical too - I never thought to look into that but it makes total sense for bridging grocery costs during this transition. We've got this - it's just a temporary rough patch before things stabilize with steady income again!
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Kennedy Morrison
I'm actually facing this exact situation in about two weeks when I start my new job! Reading through everyone's experiences here has been both reassuring and nerve-wracking. The consensus is definitely clear - stop filing immediately when work starts, no matter how tough the financial gap. I've been unemployed for 4 months and the thought of going from unemployment checks to zero income for potentially 2-3 weeks is honestly keeping me up at night. But seeing how many people have successfully navigated this transition gives me hope. I'm definitely going to try the suggestions about asking HR for a paycheck advance and looking into local assistance programs. Has anyone had experience with gig work or odd jobs during this gap period? I'm wondering if doing something like DoorDash or TaskRabbit for a few days would complicate things with unemployment reporting, even though I'd already be stopping my claims anyway.
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Ella Thompson
•That's a really good question about gig work during the gap! Since you'll have already stopped filing unemployment claims once your full-time job starts, doing some DoorDash or TaskRabbit shouldn't complicate anything with unemployment reporting - you'll be done with that system at that point. It could actually be a smart way to bring in some quick cash during those tough weeks before your first paycheck. Just make sure to keep track of any earnings for tax purposes later. I did some freelance work during a similar gap period and it really helped cover basic expenses. The key is you're being completely honest about stopping unemployment once you start your main job, so any additional work after that point is just regular employment income.
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Mei Chen
I went through this exact situation about 8 months ago and it was definitely stressful! The financial gap is brutal but you absolutely have to stop filing once you start working - no exceptions. What helped me get through those two weeks was setting up a small personal loan through my bank beforehand (like a $500-1000 line of credit) just to cover essentials. I also meal prepped really cheap but filling foods like rice, beans, and pasta to stretch my grocery budget. One thing I wish I'd done was ask my new employer during the interview process about their pay schedule - some companies will work with new hires on timing if you explain the situation professionally. The good news is it's temporary and once you get that first paycheck, you'll be back on stable ground. Hang in there!
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