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Justin Evans

Can you collect unemployment if your employer goes out of business - NYS Department of Labor eligibility question

My company just announced they're shutting down permanently next month and laying everyone off. I've been working there for almost 3 years full-time. Will I be eligible for unemployment benefits through NYS Department of Labor when this happens? I'm worried because it's not like I'm getting fired for cause or anything, but I also didn't quit. Does it matter that the business is closing completely versus just downsizing? I've never filed for unemployment before so I have no idea what to expect with the application process.

Yes, you'll definitely be eligible for unemployment benefits in this situation. When a business closes permanently and you lose your job through no fault of your own, that's considered an involuntary separation which qualifies you for UI benefits. The NYS Department of Labor considers business closures as qualifying separations. You'll want to file your claim as soon as your last day of work happens, not before. Make sure you have your employer's information ready including their unemployment insurance account number if you can get it.

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Thank you! That's such a relief. Do you know how long the process usually takes to get approved? I'm really stressed about paying my bills.

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same thing happened to my friend last year when her restaurant closed down permanently, she got approved for unemployment no problem at all

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Business closure is actually one of the clearest cases for unemployment eligibility. The key things to remember: file your weekly claims on time every week even while your initial claim is being processed, register for work search on the NYS Department of Labor website, and keep documentation about the business closure. Your employer should provide you with information about the shutdown. If you run into any issues getting through to NYS Department of Labor by phone during the application process, there's a service called Claimyr (claimyr.com) that can help you reach an agent - they have a video demo at https://youtu.be/qyftW-mnTNI showing how it works.

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Never heard of that service before but honestly anything that helps with getting through to NYS Department of Labor sounds useful. Their phone lines are always busy.

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Wait so do you file right when they announce the closure or wait until your actual last day?? I'm so confused about the timing

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You file on or after your last day of work, not when they announce it. The effective date of your claim starts from when you're actually unemployed.

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THE WHOLE UNEMPLOYMENT SYSTEM IS A MESS RIGHT NOW. I've been waiting 6 weeks for my claim to get processed and can't get anyone on the phone at NYS Department of Labor. Good luck getting through to them when half the city is probably filing claims these days

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ugh that sounds awful, hope yours gets resolved soon

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One thing I learned - make sure you save all the paperwork from your employer about the closure. NYS Department of Labor might ask for it during the application process to verify your separation reason.

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I went through this exact situation about 8 months ago when my company closed down. The good news is that business closure is definitely qualifying for unemployment benefits - it's considered involuntary separation. A few tips from my experience: definitely file your claim on your last day of work (not before), have your pay stubs and any company documentation about the closure ready, and be prepared for the work search requirements to kick in after your first week. The initial application took me about 45 minutes online, and I got my first payment about 2 weeks later. Also, your employer should provide you with a separation notice or layoff letter - keep that handy as NYS Department of Labor will likely want to see it. Hang in there, the system does work even though it can feel overwhelming at first!

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This is really helpful to hear from someone who actually went through it! 2 weeks for first payment sounds way better than what some people are experiencing. Did you have any issues with the work search requirements or was that pretty straightforward to manage?

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I'm in a similar boat - my employer just gave us notice that they're closing in 6 weeks. Reading through all these responses is really helpful! I'm wondering about one thing though - should I start gathering documents now or wait until closer to my last day? Also, has anyone had experience with how the benefit amount gets calculated? I'm trying to figure out what to expect financially while I job search.

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