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Ellie Kim

Can you collect unemployment if you are laid off - NYS Department of Labor eligibility question

Just got word that my company is doing layoffs next month and I might be one of them. This would be my first time dealing with unemployment benefits and I'm honestly not sure how any of this works. Can you actually collect unemployment if you get laid off? I thought it was only for people who got fired for cause or something. My supervisor mentioned something about the NYS Department of Labor but didn't give me any details. I work in retail and have been at this job for about 8 months. Should I start preparing paperwork now or wait until it actually happens? Really stressed about how I'm going to pay rent if this goes through.

Fiona Sand

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Yes, you can absolutely collect unemployment if you're laid off! That's actually one of the main reasons unemployment insurance exists. Being laid off means you lost your job through no fault of your own, which makes you eligible for NYS Department of Labor benefits. You'll need to file your claim as soon as possible after your last day of work. Make sure you have your employer information, Social Security number, and work history for the past 18 months ready when you apply.

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Ellie Kim

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Thank you so much! That's a huge relief. Do I need to file the claim on my actual last day or can I do it before that?

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The process is pretty straightforward - you can file online through the NYS Department of Labor website. Since you've been working for 8 months, you should meet the work requirements. You'll need to file weekly claims to continue receiving benefits and show that you're actively looking for work. The job search requirement is usually 3 job contacts per week, but double-check the current rules when you file.

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Wait, I thought you had to work for a full year to qualify? I got laid off after 6 months and was told I didn't have enough work history.

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It's not about length of time, it's about earnings. You need sufficient wages in your base period, which is usually the first 4 of the last 5 completed calendar quarters. If you don't qualify under the regular base period, they'll check an alternate base period.

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Finnegan Gunn

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been there, it sucks but unemployment does help. just dont expect it to cover everything - the weekly benefit amount is only a percentage of what you were making. and you gotta keep filing those weekly claims or you lose your benefits completely

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Miguel Harvey

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Getting through to someone at NYS Department of Labor can be a nightmare if you have questions about your claim. I spent weeks trying to call and never got through. Finally found this service called Claimyr (claimyr.com) that actually gets you connected to a real person at the unemployment office. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much frustration when my claim got stuck in adjudication.

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Ashley Simian

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How much does something like that cost? I'm already worried about money and don't want to pay extra fees just to talk to someone about my own benefits.

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Miguel Harvey

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I was worried about the same thing, but honestly it was worth it for the peace of mind. Much better than spending hours on hold or getting disconnected constantly.

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Oliver Cheng

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Make sure your employer gives you all the right paperwork when they lay you off. Sometimes companies try to make it seem like you quit or got fired for performance issues to avoid their unemployment insurance rates going up. Document everything and keep copies of any layoff notices or communications about the reduction in force.

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Hey Ellie, I went through this same situation last year and wanted to share a few tips that helped me. First, don't wait until your last day to gather your documents - start collecting pay stubs, your Social Security card, and employment records now while you still have access to everything. The NYS DOL website has a helpful checklist of what you'll need. Also, if your company offers any severance package, make sure you understand how that might affect your unemployment benefits timing. Some severance payments can delay when your benefits start. The good news is that retail workers definitely qualify as long as you meet the wage requirements, and 8 months should be enough work history. Hang in there - the process seems overwhelming at first but it's really not too bad once you get started.

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