Can you get unemployment if you are laid off - NYS Department of Labor eligibility question
My company just told me they're eliminating my position next month due to budget cuts. This would be my first time filing for unemployment and I'm not sure if being laid off qualifies me for benefits through NYS Department of Labor. I've been working there for 2 years full-time. Do layoffs automatically make you eligible or are there other requirements I need to meet? Also wondering how soon I should file after my last day of work.
11 comments
Join the conversation
Freya Thomsen
Yes, being laid off through no fault of your own definitely qualifies you for unemployment benefits in New York. Since you worked for 2 years, you'll easily meet the work history requirements. You can file your initial claim up to one week before your last day of work, but benefits don't start until after your employment ends. Make sure to file as soon as possible after your last day to avoid any delays.
0 coins
Ravi Sharma
•That's a relief to hear! Should I wait until I get my final paycheck or can I file right when my employment officially ends?
0 coins
Omar Zaki
layoffs are like the main reason unemployment exists lol, you should be fine as long as you didnt do anything to get fired
0 coins
AstroAce
File immediately after your last day of work - don't wait for your final paycheck. You'll need to report any severance pay when you file, but that won't disqualify you. The NYS Department of Labor system at my.ny.gov is pretty straightforward for initial claims. You'll need your Social Security number, employment dates, and employer information. The key thing is filing quickly since there's a waiting period before benefits start.
0 coins
Chloe Martin
•What if they're giving me two weeks notice but want me to stay and train my replacement? Does that affect when I can file?
0 coins
AstroAce
•You file based on your actual last day of work, not when you got notice. So if you're working those two weeks training someone, you file after that period ends.
0 coins
Diego Rojas
I went through this exact situation last year when my department got downsized. The whole process was actually smoother than I expected, but I did run into some issues reaching someone at NYS Department of Labor when I had questions about my claim status. If you need to talk to an actual person during the process, I found this service called Claimyr that helps you get through to unemployment agents. Check out claimyr.com - they have a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Really saved me hours of trying to call.
0 coins
Ravi Sharma
•Thanks for the tip! Hopefully I won't need it but good to know there are options if I get stuck.
0 coins
Anastasia Sokolov
THE SYSTEM IS SO BROKEN THO!! I got laid off and it took WEEKS to get my first payment because they kept asking for more documentation. Make sure you have EVERYTHING ready - pay stubs, employment verification, the works. Don't trust that it'll be quick just because you were laid off legitimately.
0 coins
Sean O'Donnell
•That sounds frustrating but probably not typical? Most layoff cases I know went pretty smoothly through the system.
0 coins
Zoe Papadopoulos
Just to add to what others have said - you'll also want to keep track of any job search activities once you start receiving benefits. NYS requires you to make at least 3 work search contacts per week and keep records of them. You can do this through their job search log on the Department of Labor website. Also, if your employer offers any kind of severance package, make sure you understand how that might affect the timing of your benefits - sometimes there's a delay if you receive severance pay that covers a certain period.
0 coins