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Connor O'Neill

Can you file for unemployment if you get laid off - NYS Department of Labor eligibility question

So I just got the news today that my company is doing layoffs and I'm going to be affected next Friday. This is my first time dealing with unemployment so I'm not sure about the basics. Can you actually file for unemployment benefits if you get laid off? I thought unemployment was only for people who got fired for cause or something. Also when should I file - do I wait until my last day of work or can I file beforehand? I'm in NY and want to make sure I do this right with the NYS Department of Labor system.

Yes, absolutely you can file for unemployment if you're laid off! Being laid off actually makes you eligible for benefits because it's considered involuntary job separation through no fault of your own. You should file your claim as soon as possible after your last day of work - don't wait. The NYS Department of Labor processes claims based on when you file, and there's a one-week waiting period before benefits start anyway. You can file online through the my.ny.gov portal.

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Thank you! That's a huge relief. Should I file on the same day as my last day or wait until the Monday after?

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Yara Nassar

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File as soon as your employment officially ends. Don't file before your last day because NYS Department of Labor will ask for your last day worked and if you're still employed they might delay processing. I made that mistake and it caused a 2 week delay in my claim. Also make sure you have all your employment info ready - previous employers for the last 18 months, wages, dates worked, etc.

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wait so if I get laid off on a Friday I should file that same day? or wait until Monday when the offices are open??

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Yara Nassar

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You can file online 24/7 through my.ny.gov so you don't need to wait for offices to open. File as soon as your work day ends on Friday.

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Paolo Ricci

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Layoffs are definitely covered by unemployment insurance. The key difference is voluntary vs involuntary separation. Laid off = involuntary = eligible. Quit = voluntary = usually not eligible unless you have good cause. Getting fired for misconduct can disqualify you but regular layoffs due to business needs are exactly what UI benefits are designed for.

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Amina Toure

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Been there, it sucks but you'll be fine. Just make sure when you file weekly claims you're actively looking for work because NYS Department of Labor requires job search activities. Keep a log of where you apply. And if you have trouble getting through to speak with someone at NYS Department of Labor about your claim, I used this service called Claimyr (claimyr.com) that helped me get connected to an agent quickly. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling busy phone lines.

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How does that Claimyr thing work exactly? Do they just call for you or what?

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Amina Toure

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They basically handle the calling and waiting for you and then connect you to an actual NYS Department of Labor agent when one becomes available. Was super helpful when I had questions about my adjudication status.

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ugh the whole unemployment system is such a nightmare to navigate even when you ARE eligible. I was laid off last year and it took WEEKS to get my first payment because of some stupid adjudication hold that nobody could explain to me. Good luck getting anyone on the phone at NYS Department of Labor!

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Oh no, that sounds awful. What ended up resolving the adjudication issue for you?

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StarSeeker

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@CosmicCommander that's exactly what I'm worried about! The system seems so confusing and I really can't afford delays right now. Did you eventually get it sorted out or did you need to get help from someone?

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