Can you get unemployment if a job offer is rescinded - NYS Department of Labor eligibility?
So I'm in a really weird situation and not sure if I can file for unemployment benefits through NYS Department of Labor. I was unemployed for about 6 weeks and finally got a job offer last month. I actually turned down unemployment initially because I thought I had this job lined up. The company made me a written offer, I accepted, gave my start date, and even did all the paperwork and background check stuff. Then literally 3 days before my start date they called and said they were rescinding the offer due to 'budget cuts' or something. Now I'm back to square one with no job and no income. Can I still file for UI benefits even though I technically had a job offer that got pulled? I'm worried NYS Department of Labor will say I should have kept filing weekly claims or something. Has anyone dealt with this before?
12 comments

Julia Hall
Yes, you can absolutely file for unemployment benefits in this situation! A rescinded job offer doesn't disqualify you from UI. Since you were unemployed through no fault of your own when the offer was withdrawn, you meet the basic eligibility requirements. The key thing is that you didn't voluntarily quit a job - the employer pulled the offer. When you file your initial claim with NYS Department of Labor, make sure to explain the situation clearly including the timeline of when you received and when they rescinded the offer.
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Evelyn Rivera
•That's such a relief to hear! Should I mention the rescinded offer when I file or just focus on my previous employment? I don't want to complicate things.
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Arjun Patel
Definitely mention the rescinded offer! NYS Department of Labor needs the complete picture of your employment situation. Bring any documentation you have - the original offer letter, acceptance email, and the communication about them pulling the offer. This actually strengthens your case because it shows you were actively seeking work and had legitimate employment lined up. The fact that they rescinded it due to budget issues is totally beyond your control.
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Evelyn Rivera
•Good point about the documentation. I have everything in writing thankfully. Do you know if there's a time limit on when I need to file after something like this happens?
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Julia Hall
•You should file as soon as possible. There's no specific penalty for this situation but unemployment benefits can't be backdated indefinitely. Since you're already dealing with a gap, getting the claim started now is your best bet.
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Jade Lopez
ugh this happened to my sister last year!! she was so stressed about it but NYS Department of Labor approved her claim no problem. the only thing that was annoying was she had to wait for adjudication because they wanted to verify the details about the rescinded offer but once they did that everything went smoothly
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Evelyn Rivera
•How long did her adjudication take? I'm already stressed about money and can't afford a long delay.
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Jade Lopez
•i think it was like 2-3 weeks? not too bad considering. she said the worst part was just not being able to get through to anyone on the phone to check status
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Tony Brooks
If you're having trouble reaching NYS Department of Labor by phone to check on your claim status or get questions answered, you might want to try Claimyr. I found out about it when I was dealing with my own unemployment issues and couldn't get through their phone system. It's at claimyr.com and they have a video demo that shows how it works (https://youtu.be/qyftW-mnTNI). Basically they help you get connected to an actual agent without sitting on hold forever. Was super helpful when I needed to clarify some details about my job search requirements.
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Evelyn Rivera
•Thanks I'll check that out! Getting through to NYS Department of Labor on the phone seems impossible these days.
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Ella rollingthunder87
Just want to say this is exactly why the unemployment system exists - for situations where people lose employment through no fault of their own. A rescinded job offer definitely falls into that category. Don't feel bad about filing, you paid into this system and deserve the benefits when you need them.
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Justin Chang
This exact thing happened to me about 8 months ago and I was so worried about filing, but it turned out to be much smoother than I expected. The key is being upfront about everything when you file your initial claim. NYS Department of Labor actually has a section in their application where you can explain unusual circumstances like this. I included all the dates - when I got the offer, when I accepted, when they rescinded it, and attached screenshots of all the emails. My claim was approved without any issues and I didn't even need to go through adjudication. The whole "through no fault of your own" thing definitely applies here since the employer made the decision to pull the offer due to their budget problems, not anything you did wrong.
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