Can you collect unemployment if you get laid off from NYS Department of Labor perspective?
My company just announced they're doing layoffs next month and I'm pretty sure I'm going to be included. This would be my first time ever dealing with unemployment benefits. I know people talk about getting unemployment when you're fired but is it the same thing when you get laid off? Like do I automatically qualify or do I still have to prove something to NYS Department of Labor? Also how quickly can I start getting payments after I file? I'm really stressed about how I'm going to pay my rent if there's a long waiting period.
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Ethan Wilson
Yes, being laid off definitely qualifies you for unemployment benefits in New York. Layoffs are considered 'involuntary separation' which means you lost your job through no fault of your own. This is exactly what unemployment insurance is designed for. You should be able to file your claim immediately after your last day of work. The key difference between being laid off vs fired is that with layoffs, NYS Department of Labor won't question whether you did something wrong - it's clearly the employer's business decision.
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Aisha Abdullah
•That's such a relief to hear! Do you know roughly how long it takes to get the first payment? I keep seeing different timeframes online.
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Yuki Tanaka
Typically you'll get your first payment about 2-3 weeks after filing if everything goes smoothly. Make sure you file your weekly claims every week even while waiting for approval. The waiting period exists because NYS Department of Labor needs to verify your employment history and wages with your employer. Since you're being laid off, your employer should respond quickly to their requests which speeds things up.
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Carmen Diaz
•This is good info but just want to add - sometimes there can be delays if your employer doesn't respond to NYS Department of Labor right away or if there are any discrepancies in your wage information.
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Andre Laurent
ugh the system is so slow though, don't get your hopes up about 2-3 weeks. mine took like 5 weeks because they kept asking for more documentation even though i was clearly laid off. and then you have to do all these job search requirements every week which is annoying when you're already stressed about money
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Aisha Abdullah
•Wait what kind of job search requirements? Nobody mentioned that part to me.
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Ethan Wilson
•You need to make 3 job search contacts per week and keep a log. It's not too bad once you get used to it - you can apply online, attend job fairs, or even just contact employers about openings.
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AstroAce
If you're having trouble getting through to NYS Department of Labor by phone to check on your claim status, I found this service called Claimyr that helped me connect with an actual agent. They have a website at claimyr.com and there's a demo video showing how it works at https://youtu.be/qyftW-mnTNI. I was stuck for weeks trying to get answers about my adjudication and this got me through to someone who could actually help within a day.
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Zoe Kyriakidou
•Is that service legit? I'm always skeptical of third party things when it comes to government benefits.
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AstroAce
•Yeah it's totally legitimate, they just help you get through the phone queue. You still talk directly to NYS Department of Labor staff, they just handle the waiting on hold part.
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Jamal Brown
Being laid off is way easier than other situations for unemployment. I got laid off from my restaurant job last year and had no issues at all - claim was approved in like 10 days. Just make sure you have your last pay stub and any layoff notice from your employer when you file.
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Freya Johansen
One thing I'd add is to file your claim online as soon as possible after your last day of work - don't wait! The NYS Department of Labor website (labor.ny.gov) lets you file 24/7 and it's much faster than trying to call. Also, if your company is doing a mass layoff (50+ people), they might have already filed a WARN notice with the state which can actually speed up processing since DOL already knows about the layoffs. Make sure to keep all your paperwork from your employer about the layoff - having that documentation ready will help if they need any clarification during the review process.
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