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Connor Murphy

Can you get unemployment if the business closes - NYS Department of Labor eligibility?

My restaurant where I worked for 2 years just permanently shut down last week due to financial problems. The owner told all of us that he's filing for bankruptcy and can't afford to keep the place open anymore. I'm wondering if I can file for unemployment benefits through NYS Department of Labor since I didn't quit or get fired - the business just closed. Does anyone know if this qualifies me for UI benefits? I've never filed before and not sure what counts as eligible reasons.

Yara Haddad

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Yes, absolutely! A business closure definitely qualifies you for unemployment benefits in New York. Since you lost your job through no fault of your own, you meet the basic eligibility requirements. You'll want to file your claim as soon as possible through the NYS Department of Labor website. Make sure you have your Social Security number, employment history for the past 18 months, and details about your last employer ready when you apply.

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Connor Murphy

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Thank you! That's such a relief. Do I need any documentation from my employer about the closure or can I just explain what happened in my application?

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Business closure is one of the clearest cases for unemployment eligibility. When you file your initial claim, select 'lack of work' or 'business closed' as your reason for separation. The NYS Department of Labor will verify the closure during their review process, so you don't need special paperwork from your employer upfront. Just be honest about the circumstances and timeline.

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Paolo Conti

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This happened to me when the retail store I worked at closed permanently. Took about 2 weeks to get approved and start receiving benefits.

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Amina Sow

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same thing happened to my cousin when her job closed down she got unemployment right away... the hardest part was actually getting through to someone at NYS Department of Labor when she had questions about her weekly claims

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GalaxyGazer

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If you need to speak with someone at NYS Department of Labor and keep getting busy signals, I had success using Claimyr (claimyr.com) - it's a service that helps you get through to unemployment agents. They have a video demo at https://youtu.be/qyftW-mnTNI that explains how it works. Really saved me hours of trying to call.

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Oliver Wagner

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Just make sure you start filing your weekly claims immediately after you submit your initial application, even if it's still being processed. Missing those weekly certifications can mess up your benefits timeline.

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Sorry to hear about your restaurant closing, Connor. That's really tough. Just wanted to add that when you file, you might also want to look into any additional resources NYS offers for displaced workers - sometimes there are retraining programs or job placement services available through the Department of Labor that could help while you're receiving benefits. Also, if your employer owes you any final wages or vacation pay, make sure to document that since it could affect your benefit amount calculation. Good luck with your application!

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Sofia Torres

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That's really good advice about the retraining programs! I didn't know NYS offered those through the Department of Labor. @Katherine Hunter do you know if there s'a specific program for restaurant workers or is it more general job training? I ve'been in food service for so long, it might be nice to learn some new skills while I m'looking for work.

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I went through this exact same situation when my job at a small manufacturing company ended due to permanent closure about 6 months ago. The process was actually pretty straightforward - I filed online through the NYS DOL website and was approved within about 10 days. One thing I wish I had known earlier is that you can file your claim on the same day you lose your job, you don't have to wait. Also, keep all your pay stubs and any communication from your employer about the closure, even though it's not required upfront. The DOL might ask for documentation later during their review process. The weekly benefit amount is calculated based on your earnings in your "base period" which is usually the first four of the last five completed calendar quarters before you file. Since you worked there for 2 years, you should have a solid earnings history to base your benefits on.

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Mason Kaczka

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This is really helpful information! I'm glad to hear the process went smoothly for you. Quick question - when you mention keeping pay stubs and communication about the closure, did the DOL actually ask you for those documents later on? I'm trying to figure out what I should be gathering now while everything is still fresh. Also, since you mentioned the base period calculation, do you know if overtime hours count toward the benefit amount or just regular wages?

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KaiEsmeralda

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I'm so sorry to hear about your restaurant closing down - that's really stressful, especially when it comes so suddenly. Just wanted to share that you should definitely qualify for unemployment benefits since this was an involuntary job loss due to business closure. When I helped my friend through a similar situation last year, we learned that it's important to file your claim as soon as possible and be prepared for the initial phone interview they might schedule. They'll ask basic questions about your work history and the circumstances of the job loss. Also, even though your employer is filing for bankruptcy, try to get any final paychecks or documentation if possible, though it won't prevent you from getting benefits if you can't. The whole process can feel overwhelming when you're already dealing with job loss stress, but the community here is really supportive if you have questions along the way!

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CosmicCadet

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Thanks for mentioning the phone interview - I hadn't thought about that part! Do you remember roughly how long after filing the initial claim they scheduled the interview with your friend? I'm trying to plan ahead since I'll probably be job hunting during the day and want to make sure I'm available when they call. Also, did they give much notice or was it pretty short turnaround?

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Sean Murphy

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Hey Connor, really sorry to hear about your restaurant closing - that's never easy, especially when you've been there for 2 years. The good news is that business closure absolutely qualifies you for unemployment benefits in NY. I went through something similar when the boutique I worked at shut down unexpectedly. A few quick tips from my experience: file your claim online ASAP (you can do it the same day you lost your job), have your Social Security number and work history ready, and don't stress too much about having official closure documentation upfront - the state will verify everything during their review process. The whole application took me maybe 30-45 minutes to complete online. Also, start your weekly certifications right away even while your initial claim is being processed. You've got this, and this community is here if you run into any snags with the process!

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Kaylee Cook

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Thanks Sean! It's reassuring to hear from someone who went through the same thing. Quick question - when you mention starting weekly certifications right away, do those need to be done on specific days of the week or can I do them anytime? I want to make sure I don't accidentally miss the window and mess up my benefits. Also, did you have to actively job search during the certification period even while your initial claim was still being processed?

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