< Back to New York Unemployment

Ethan Clark

Can you collect unemployment after being incarcerated in New York?

I was released from state prison about 6 weeks ago and I'm having trouble finding work. A friend told me I might be able to file for unemployment benefits but I'm not sure if that's even possible given my situation. I worked for 2 years at a warehouse before my sentence and paid into the system. Has anyone successfully filed for unemployment with NYS Department of Labor after incarceration? What documentation do I need and are there any special requirements I should know about?

Mila Walker

•

Yes, you can potentially qualify for unemployment benefits after incarceration in NY. The key factors are whether you have sufficient work history and earnings in your base period (usually the first 4 quarters of the last 5 completed quarters before filing). Your incarceration doesn't automatically disqualify you from UI benefits as long as you meet the work requirements and are now able and available for work. You'll need to file your claim through the NYS Department of Labor website and provide your employment history.

0 coins

Ethan Clark

•

Thank you! That's really helpful. Do you know if they ask about the incarceration on the application or if it comes up during the process?

0 coins

Logan Scott

•

my brother went thru this last year, he was able to get benefits but it took longer than usual because they had to verify his work history. Just make sure you have all your W2s and employment records ready

0 coins

Ethan Clark

•

How long did it take for his claim to get approved? I'm worried about the delay since I need income soon.

0 coins

Logan Scott

•

i think it was like 6 weeks total but some of that was because he didnt have all his paperwork together at first

0 coins

Chloe Green

•

There are some additional considerations for formerly incarcerated individuals filing for unemployment. While you can receive benefits, you need to meet the job search requirements which means actively looking for work and keeping a job search log. Some employers may have restrictions on hiring formerly incarcerated individuals, but you still need to apply to eligible positions. Also make sure you register with the state job bank as required. The NYS Department of Labor doesn't discriminate based on criminal history for benefit eligibility, but your ability to find suitable work may impact your continued eligibility.

0 coins

Lucas Adams

•

This is really important info. Are there any job placement services specifically for people with criminal records that might help with the job search requirement?

0 coins

Harper Hill

•

honestly the whole system is set up against people like us. even if you qualify for unemployment good luck actually getting through to someone at NYS Department of Labor when you need help. been trying to call for weeks about my claim status and just get hung up on every time!!

0 coins

Caden Nguyen

•

I had the same problem trying to reach NYS Department of Labor agents about my adjudication issue. Found this service called Claimyr (claimyr.com) that helped me get through to someone within a day. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped when I needed to explain a complicated situation with my claim status.

0 coins

Avery Flores

•

Just wanted to say good luck with your job search! The fact that you're thinking about this stuff and trying to do everything right shows you're on the right track.

0 coins

Javier Torres

•

I went through a similar situation about a year ago after being released. You definitely can collect unemployment in NY - the key is having enough work credits from before your incarceration. I'd recommend gathering all your employment documents (W-2s, pay stubs, etc.) before you apply online. One thing that helped me was contacting some reentry organizations like The Osborne Association or Center for Employment Opportunities - they have job counselors who understand the system and can help you navigate both the unemployment process and job searching with a record. They also count as valid job search contacts for your weekly certification. Don't get discouraged by the process - it can take a few weeks but you have rights to these benefits if you earned them.

0 coins

QuantumQuest

•

This is exactly the kind of practical advice I was hoping for! Thank you @ea5bda5990dd for mentioning those specific organizations. I hadn't heard of The Osborne Association or Center for Employment Opportunities before. Do you know if they have locations throughout the state or are they mainly in NYC? Also, when you say they count as valid job search contacts - does that mean reaching out to their job counselors fulfills part of the weekly job search requirement?

0 coins

Emma Anderson

•

I'm in a similar situation and have been researching this extensively. One thing I learned is that NY actually has some protections for formerly incarcerated people applying for unemployment - they can't deny your claim solely based on your criminal history. What matters is your work history and earnings during the "base period" (typically the first 4 quarters of the last 5 completed quarters). Since you worked for 2 years at the warehouse, you likely have enough work credits. When you file online through ny.gov, focus on your work history and be honest about your availability to work. Also, start documenting your job search activities now - keep records of every application, contact, and interview because you'll need to certify weekly that you're actively seeking work. The system can be frustrating but you earned those benefits through your previous work.

0 coins

Axel Far

•

This is really comprehensive advice, thank you @dd1b8aa2a47e! The point about NY having protections against discrimination based on criminal history for unemployment claims is reassuring. I'm going to start gathering all my W-2s from the warehouse job right away. Quick question - when you mention documenting job search activities, do you know if there's a specific number of job contacts required per week in NY? I want to make sure I'm meeting all the requirements from day one.

0 coins

New York Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today