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?
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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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