Can you get unemployment benefits if you are let go from your job in New York?
My company just told me they're eliminating my position next month due to budget cuts. I've been working there for about 2 years full-time. This is my first time dealing with unemployment so I'm not sure what to expect. Can I file for NYS Department of Labor benefits if I'm being let go? What's the difference between being fired and being laid off when it comes to getting approved? I heard there might be waiting periods or something but I'm not really sure how any of this works.
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CosmosCaptain
Yes, you can definitely file for unemployment if you're being let go due to budget cuts or layoffs. The NYS Department of Labor considers this an involuntary separation, which means you should qualify for benefits as long as you meet the work history requirements. When you're laid off (not your fault) vs fired for misconduct (your fault), it makes a big difference for your claim approval.
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Ravi Choudhury
•That's a relief! Do I need to wait until my last day to file or can I apply beforehand? Also what counts as the work history requirements?
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Freya Johansen
File as soon as possible after your last day of work. Don't file before your employment actually ends or it can mess up your claim. For work history, you generally need to have worked and earned wages in at least two quarters during your base period. The NYS Department of Labor will calculate this automatically when you apply.
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Omar Fawzi
•this is correct, also make sure you have all your employment info ready when you file - employer names, addresses, dates worked, and reason for separation
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Chloe Wilson
The whole system is such a pain honestly. I got laid off last year and it took forever to get through to anyone at NYS Department of Labor to ask questions about my claim. The phone lines are always busy and the website can be confusing if you've never used it before.
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Diego Mendoza
•I had the same problem trying to reach someone when my claim got stuck in adjudication. What finally worked for me was using a service called Claimyr (claimyr.com) that helps you get through to actual NYS Department of Labor agents. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of trying to call myself.
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Chloe Wilson
•Interesting, never heard of that before. Did it actually work for you or is it just another thing that takes your money?
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Diego Mendoza
•It worked for me - I was able to talk to someone about my adjudication issue within a day instead of calling for weeks. They don't ask for personal info upfront either which was nice.
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Anastasia Romanov
Wait so if they're giving you notice that you're being laid off, does that mean you can't file until your actual last day? What if they give you like a month's notice? That seems unfair to have to wait that long...
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CosmosCaptain
•Correct, you cannot file until your employment actually ends. Even with advance notice, you're still employed and receiving wages until your last day. The benefit week starts from when you're actually unemployed.
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StellarSurfer
Yeah you should be fine if it's a layoff situation. Just make sure when you file that you select the right reason for separation. Don't say you quit or anything like that obviously.
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Tobias Lancaster
Just went through this process myself a few months ago when my company had layoffs. One thing I wish someone had told me - keep detailed records of everything! Save your layoff notice, any emails about the elimination of your position, and document your last day of work. The NYS Department of Labor may ask for proof that you were laid off rather than fired for cause. Also, don't forget that you'll need to certify for benefits every week, even if there are delays in processing. Good luck with everything!
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