Can you collect unemployment on a voluntary layoff - NYS Department of Labor rules?
My company offered voluntary layoffs with severance packages due to budget cuts. I'm considering taking it since I've been wanting to look for something new anyway. But can you actually collect unemployment benefits if you volunteer for the layoff? I know NYS Department of Labor usually denies claims if you quit voluntarily, but this seems different since the company is initiating it. Has anyone been through this situation before? I don't want to take the package and then find out I can't get UI benefits.
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Aisha Mahmood
Yes, you can typically collect unemployment on a voluntary layoff in NY. The key difference is that the employer is offering the layoff due to business reasons, not because you're quitting for personal reasons. NYS Department of Labor considers this a separation initiated by the employer even if you accept it voluntarily. Make sure you get documentation that clearly states it's a layoff due to business conditions.
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Mateo Sanchez
•That's a relief! Should I ask HR for specific wording on the separation paperwork?
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Ethan Moore
I took a voluntary layoff from my company last year and had no issues getting approved for benefits. The important thing is that your employer reports it correctly to NYS Department of Labor as a layoff, not a resignation. When you file your claim, make sure to explain that you accepted a voluntary layoff offer due to the company's business needs.
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Yuki Kobayashi
Wait, are you sure about this?? I thought if you VOLUNTEER for anything you can't get unemployment. My friend got denied when she took early retirement.
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Aisha Mahmood
•Early retirement is different from a voluntary layoff. Retirement implies you're leaving the workforce permanently, while a layoff means you're available for work but your position was eliminated.
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Carmen Vega
Just went through this exact situation 3 months ago! Took the voluntary package and filed immediately. NYS Department of Labor approved my claim within 2 weeks. The trick is in how your employer codes the separation - make sure they list it as 'lack of work' or 'business closure/downsizing' not 'voluntary quit.' Also, if you're having trouble reaching NYS Department of Labor to verify your claim status, I found this service called Claimyr (claimyr.com) that helps you get through to actual agents. They have a demo video at https://youtu.be/qyftW-mnTNI showing how it works.
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Mateo Sanchez
•Thanks for the tip about checking the separation code! I'll definitely make sure HR gets that right.
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QuantumQuester
•Never heard of that service before but might be useful if I can't get through the regular phone lines
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Andre Moreau
My brother did this and got his benefits no problem. The voluntary part doesn't matter - what matters is WHY the layoff happened. If it's because the company needs to reduce headcount, you're good. Just document everything!
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Samantha Hall
I actually just went through the NYS Department of Labor website and their handbook specifically mentions that voluntary layoffs are eligible for benefits as long as the separation is due to "lack of work" on the employer's part. The key is that you're not quitting your job - you're accepting an offer to be laid off because the company needs to reduce staff. I'd recommend calling the Department of Labor directly at 1-888-209-8124 to confirm your specific situation, especially if your severance package has any unusual terms. Also make sure to file your claim as soon as your last day of work, don't wait!
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Ava Rodriguez
•That's really helpful information about the handbook! I didn't know they had specific guidance on voluntary layoffs. Quick question - does the severance package timing affect when you can start collecting benefits? Like if I get 2 months severance pay, do I have to wait until that runs out to file my claim?
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