Can you get unemployment if you can't find a job - NYS Department of Labor eligibility questions
I've been searching for work for 2 months since my last job ended and haven't found anything yet. My friend told me I might be able to get unemployment benefits even though I haven't found a new job. Is this true? I thought you had to be laid off or fired to qualify for NYS Department of Labor benefits. I'm really confused about the requirements and don't want to waste time applying if I'm not eligible. Has anyone been in a similar situation where you couldn't find work and still got approved?
15 comments


GalacticGuardian
You're mixing up how unemployment works. You don't get benefits because you can't find a job - you get benefits if you lost your previous job through no fault of your own (layoffs, company closure, etc.) and are actively looking for work. The job search requirement is part of maintaining your benefits, not the reason for getting them. How did your last job end?
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Sofia Torres
•Oh I see the confusion. My position was eliminated due to budget cuts at my company in December. I thought I had to find a new job first before applying for benefits.
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Dmitry Smirnov
If you were laid off due to budget cuts, you should definitely apply for unemployment benefits right away! You're losing money every week you wait. The NYS Department of Labor requires you to search for work while receiving benefits, but you don't need to find a job before applying. You need to file weekly claims and document your job search activities. Go to my.ny.gov and start your application today.
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Sofia Torres
•Thank you! I had no idea I was supposed to apply right after being laid off. Do I need to prove I've been looking for work during these past 2 months?
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Dmitry Smirnov
•When you file your initial claim, they'll ask about your job search activities. Keep records of where you've applied going forward - you'll need to log 3 work search activities per week to maintain eligibility.
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Ava Rodriguez
Wait you've been unemployed for 2 months and haven't filed yet?? You're missing out on so much money! I filed the day after I got laid off and have been collecting for 6 weeks now. The system is frustrating but the benefits help a lot.
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Sofia Torres
•I know, I feel so stupid now. I thought there was some kind of waiting period or that I had to exhaust my savings first.
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Miguel Diaz
I had trouble reaching NYS Department of Labor when my claim got stuck in adjudication for weeks. If you run into issues getting through their phone lines, I found this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really saved me a lot of frustration trying to call during peak hours.
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Zainab Ahmed
•How much does something like that cost? I'm already broke from being unemployed.
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Miguel Diaz
•It was worth it for me to get my claim moving instead of waiting weeks for a callback. Much cheaper than losing weeks of benefits.
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Connor Gallagher
Just apply online and stop overthinking it. The worst they can do is deny you, but based on what you said about budget cuts you should qualify no problem.
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Juan Moreno
Sofia, definitely apply ASAP! Since you were laid off due to budget cuts, you absolutely qualify for unemployment benefits. You've already lost 8+ weeks of potential payments by waiting. When you apply, they'll backdate your claim to when you became unemployed, but you still need to file weekly certifications going forward. Don't worry about the job search documentation for the past 2 months - just focus on moving forward with your 3 weekly job search activities. The application process can take a few weeks to process, so the sooner you start, the better.
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Abigail Patel
•This is really helpful information, Juan! I had no idea they could backdate the claim. That makes me feel a lot better about the delay. I'm going to start the application on my.ny.gov right now. Quick question - when you mention 3 weekly job search activities, does that include things like networking events or just actual job applications?
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Dmitry Ivanov
•@Abigail Patel The 3 weekly job search activities can include various types of work search efforts, not just job applications. Networking events definitely count! You can also include things like attending job fairs, meeting with employment agencies, creating or updating professional profiles LinkedIn, (Indeed, etc. ,)contacting employers directly even if they don t'have posted openings, and participating in reemployment services. Just make sure to keep detailed records of each activity including dates, company names, and what you did. The key is showing you re'actively trying to find work.
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Freya Larsen
Sofia, I went through something very similar! I was laid off due to company restructuring and waited almost a month before applying because I thought I needed to find another job first. Big mistake! Like others have said, you qualify for benefits from the day you were laid off due to budget cuts. When I finally applied, they were able to backdate my claim to my separation date, so I didn't lose those weeks completely. The online application at my.ny.gov is pretty straightforward - just have your employer information, dates of employment, and reason for separation ready. One tip: start documenting your job search activities now if you haven't been keeping track. Even though they can backdate the monetary eligibility, you'll need to show ongoing work search efforts going forward. Don't beat yourself up about the delay - just get that application started today!
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