Can you collect unemployment if you worked less than 90 days - NYS Department of Labor eligibility question
I started a new job back in October but got laid off after only 75 days due to company downsizing. I'm wondering if I can even file for unemployment benefits with NYS Department of Labor since I didn't work there very long? I had a previous job that I worked at for over two years before starting this short-term position. Does anyone know what the minimum work requirements are? I'm worried I might not qualify because of the short employment period.
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Ryan Kim
The good news is that NYS Department of Labor doesn't have a specific 90-day minimum work requirement. What matters is your base period earnings, which looks at your wages from the first four of the last five completed quarters before you filed. Since you worked for over two years at your previous job, those earnings should count toward your base period. You should definitely file a claim - the worst they can do is say no, but you'll likely qualify based on your previous employment history.
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Daniela Rossi
•That's such a relief! I was really stressing about the 75 days. So they'll look at my earnings from both jobs when calculating my benefit amount?
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Zoe Walker
yeah i had the same thing happen to me last year. worked at a place for like 2 months before they let me go but i still got approved for UI because of my work history from before. just make sure you report both jobs when you file your claim
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Elijah Brown
The key eligibility factors for NYS Department of Labor unemployment are: 1) You must have worked and earned wages in at least two quarters of your base period, 2) You must have earned at least $2,700 in your highest quarter, and 3) Your total base period wages must be at least 1.5 times your highest quarter earnings. There's no minimum number of days you had to work at your most recent job. Your previous two-year employment should easily meet these requirements.
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Maria Gonzalez
•This is really helpful information. I had no idea about the base period calculation. Does it matter that there might have been a gap between my old job and the recent 75-day job?
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Elijah Brown
•Small gaps between jobs typically don't affect your base period eligibility. The NYS Department of Labor looks at when you earned the wages, not when you were continuously employed. As long as you meet the wage requirements from your base period quarters, you should be fine.
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Natalie Chen
I was in a similar situation trying to reach NYS Department of Labor to get clarification on my base period wages. Couldn't get through on the phone for weeks - kept getting the busy signal or hung up on. Finally found this service called Claimyr that helped me get connected to an actual agent. They have a website at claimyr.com and there's a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Was able to get my questions answered within a few days instead of waiting weeks.
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Daniela Rossi
•How much does something like that cost? I'm already worried about money while I'm unemployed.
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Natalie Chen
•It was worth it for me since I was getting nowhere with the regular phone system. Much easier than spending hours trying to get through on my own.
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Santiago Martinez
The whole system is so confusing! Why can't they just make it simple - if you worked and paid into unemployment insurance, you should be able to collect. Period. All these base period calculations and quarter requirements make no sense to regular people.
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Samantha Johnson
Just wanted to say thanks for asking this question! I'm in almost the exact same boat - worked somewhere for just under 3 months before getting laid off. Reading these responses makes me feel much better about filing my claim.
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Alice Pierce
Don't let the complexity discourage you from filing! I work as a benefits counselor and see this situation all the time. The NYS Department of Labor system is definitely confusing, but the key thing to remember is that unemployment insurance is designed to help workers who lose their jobs through no fault of their own - regardless of how long they worked at their last position. Your two years of previous employment history is exactly what the base period calculation is meant to capture. I'd recommend filing online at labor.ny.gov as soon as possible since there's a waiting period, and you can always appeal if there are any issues with your initial determination.
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Jasmine Quinn
•This is really reassuring to hear from someone who works directly with benefits! I've been putting off filing because I was so confused by all the requirements, but you're right - I should just go ahead and apply online. Quick question - when you say there's a waiting period, does that mean I should file even if I'm still looking for work, or should I wait until I've been unemployed for a certain amount of time?
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StarSailor
•You should file as soon as possible after becoming unemployed! There's actually a one-week waiting period built into the system where you won't receive benefits for your first week, but the clock starts ticking from when you file your claim, not from when you stop looking for work. The longer you wait to file, the longer you're potentially missing out on benefits. You're required to be actively seeking work anyway once you start collecting, so there's no benefit to waiting. Just make sure you have all your employment information ready - dates, wages, reason for separation, etc.
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Zoe Christodoulou
•You should file as soon as possible after becoming unemployed, not wait! There's a one-week waiting period before benefits start, but the clock doesn't start ticking until you actually file your claim. So if you wait weeks or months to file, you're just losing potential benefit weeks. You can continue job searching while receiving benefits - in fact, you're required to actively look for work to remain eligible. The sooner you file, the sooner you can start the process and potentially start receiving payments.
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Ethan Moore
•You should file as soon as possible after becoming unemployed - don't wait! The waiting period I mentioned refers to the mandatory one-week waiting period that NYS requires before you can start receiving benefits, not a period you need to wait before filing. Plus, your claim date is when you file, not when you become eligible for payments, so any delay in filing could mean losing out on benefits you're entitled to. You can continue job searching while your claim is being processed. The online application at labor.ny.gov will walk you through everything step by step.
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Morgan Washington
•You should file immediately! Don't wait - the waiting period I mentioned is built into the system (usually one week before benefits start), but your claim date is when you first file. If you wait to file, you're potentially losing money since benefits typically can't be backdated to before your application date. File online at labor.ny.gov as soon as you're unemployed and actively looking for work. The system will handle the timing of when payments begin.
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Giovanni Moretti
•You should file as soon as possible after becoming unemployed! The waiting period I mentioned isn't something you need to wait through before filing - it's actually part of the claims process itself. In New York, there's typically a one-week waiting period where you won't receive benefits, but your claim needs to be active during that time. The sooner you file, the sooner that waiting week starts counting. Plus, you're required to be actively looking for work while collecting benefits anyway, so being in job search mode is actually part of the process. Don't delay - file online at labor.ny.gov right away!
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