Can you file for unemployment 6 months after termination - NYS Department of Labor rules?
I got laid off from my job back in July and didn't file for unemployment right away because I thought I'd find work quickly. It's now January and I'm still job hunting with no luck. Can I still file for NYS Department of Labor benefits even though it's been 6 months since my termination? I keep reading conflicting information online about time limits and I'm worried I missed my window. My former employer said the layoff was due to budget cuts if that matters. Has anyone been in a similar situation?
12 comments


Daryl Bright
You can still file but there are some important things to know. NYS Department of Labor doesn't have a strict deadline for filing after termination, but you can only claim benefits for weeks you actually file. So you can't get retroactive payments for those 6 months you didn't file. When you file now, your benefits will start from the week you submit your application. You'll need your separation paperwork and employment history for the past 18 months.
0 coins
Natalie Khan
•Thank you! So I won't get any money for the months I already missed? That's what I was afraid of. Should I file online through the my.ny.gov portal?
0 coins
Sienna Gomez
Yes definitely file ASAP! I made the same mistake and waited 4 months after my layoff thinking I'd find something. You're right that you can't get backpay for weeks you didn't file, but at least you can start getting benefits now. The NYS Department of Labor will look at your work history from the last 18 months to determine your weekly benefit amount. Since you were laid off due to budget cuts, you should qualify as long as you meet the wage requirements.
0 coins
Kirsuktow DarkBlade
•How long did it take for your claim to get approved when you filed late like that? I'm in a similar situation.
0 coins
Sienna Gomez
•Mine took about 3 weeks to process. Had to do a phone interview to explain the gap but it wasn't a big deal.
0 coins
Abigail bergen
ugh the system is so frustrating!! why dont they tell people this stuff when you get laid off?? i wasted 8 months before filing and lost out on thousands of dollars. definitely file now though better late than never
0 coins
Ahooker-Equator
I had trouble getting through to NYS Department of Labor when I needed to speak with someone about my delayed filing. If you run into issues reaching them by phone, I found this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Made the whole process much easier than sitting on hold for hours.
0 coins
Natalie Khan
•Thanks for the tip! I'll definitely check that out if I can't get through on my own.
0 coins
Anderson Prospero
Wait I'm confused - if you file 6 months later can they question why you waited so long? Like will they think you weren't actually unemployed the whole time or that you quit instead of being laid off?
0 coins
Daryl Bright
•They might ask during the eligibility interview but as long as you can explain you were job searching and have your termination paperwork showing it was a layoff, you should be fine. The delay in filing doesn't disqualify you.
0 coins
QuantumQuester
You can absolutely still file! I was in almost the exact same situation - got laid off in June and didn't file until December because I kept thinking I'd land something soon. NYS DOL processed my claim without any issues. Just be prepared that they'll ask about the gap during your eligibility determination call, but having your layoff documentation showing budget cuts will help. The hardest part for me was accepting that I lost out on 6 months of benefits I could have been collecting while job searching. Don't make the same mistake I did - file today! The my.ny.gov portal is pretty straightforward to use.
0 coins
Grace Johnson
I'm in a similar boat - got laid off in August and just now getting around to filing. Reading through everyone's responses here is really helpful! One thing I'm wondering about is whether I need to report any odd jobs or gig work I did during those months I wasn't filing? I did some freelance work here and there to make ends meet but nothing substantial. Should I mention that when I file or just focus on the main employment history from my regular job? Don't want to complicate things but also want to be honest about everything.
0 coins