Confused about seasonal unemployment rules - which is true about seasonal unemployment benefits in NY?
I'm getting conflicting information about seasonal unemployment and need to know which is actually true. I worked at a ski resort from December through March and got laid off when the season ended. My coworker says I can't collect unemployment because it's 'expected' that seasonal workers get laid off, but someone else told me seasonal workers have the same rights as anyone else. I'm looking at the NYS Department of Labor website but it's not super clear. Can anyone explain what the actual rules are for seasonal unemployment in New York? I really need to know if I should bother filing or if I'll just get denied.
20 comments
Join the conversation
Marina Hendrix
Your coworker is wrong - seasonal workers absolutely can collect unemployment benefits in NY. The key is that you have to meet the same basic requirements as any other worker: sufficient work history and wages during your base period, and you must be unemployed through no fault of your own. The fact that layoffs are 'expected' in seasonal work doesn't disqualify you. File your claim with NYS Department of Labor as soon as possible since there's a waiting period.
0 coins
Romeo Barrett
AuthorThank you! I was worried I waited too long already. Do I need to do anything different when filing since it was seasonal work?
0 coins
Justin Trejo
I worked seasonal construction for years and collected every winter. The important thing is making sure you have enough qualifying wages in your base period. If you only worked one season, you might not have enough earnings to qualify. Also, you'll need to be actively looking for work and available to accept suitable employment - you can't just wait around for the next ski season to start.
0 coins
Alana Willis
This is exactly right. And don't forget you have to keep filing your weekly claims and documenting your job search. NYS Department of Labor requires 3 work search contacts per week minimum.
0 coins
Tyler Murphy
Wait I'm confused about this too... I thought if you work the same seasonal job every year they won't pay you unemployment between seasons? Like if you're a teacher or something?
0 coins
Marina Hendrix
That's a different situation. Teachers and other school employees have special rules because they have 'reasonable assurance' of returning to work. Regular seasonal workers like ski resort or landscaping don't have that same reasonable assurance provision.
0 coins
Sara Unger
I had a nightmare trying to get through to NYS Department of Labor when I had questions about my seasonal claim. Spent hours on hold every day for a week. Finally found this service called Claimyr (claimyr.com) that actually gets you connected to a real person at the unemployment office. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Saved me so much time and frustration.
0 coins
Romeo Barrett
AuthorHow much does something like that cost? I'm already tight on money waiting for my claim to process.
0 coins
Butch Sledgehammer
yeah seasonal workers can definitely get benefits, my brother worked at a beach club and collected every winter for like 3 years straight. just make sure you actually got laid off and didn't quit or anything
0 coins
Freya Ross
The whole system is broken anyway. They make it so complicated on purpose to discourage people from applying. I worked seasonal landscaping and it took them 6 weeks to process my claim even though everything was straightforward.
0 coins
Justin Trejo
Six weeks does seem long for a standard seasonal claim. Did you have any issues that required adjudication? Sometimes if there are questions about your separation or eligibility it can delay processing significantly.
0 coins
Savanna Franklin
Just wanted to add that timing matters when you file. I worked at a summer camp and made the mistake of waiting until my savings ran out before applying. You should file as soon as you're laid off because benefits can be backdated but there are limits. Also, keep all your paperwork from your employer about the layoff - sometimes they'll ask for documentation about whether it was truly a seasonal layoff or if there were performance issues. The process isn't as scary as it seems, just make sure you're honest about your job search efforts when you file your weekly claims.
0 coins
Mikayla Brown
This is really helpful advice about timing! I wish I had known about the backdating limits before. How far back can they typically go with backdating benefits? I filed about 2 weeks after my layoff but I'm worried that might have cost me some payments.
0 coins
Giovanni Mancini
From what I understand, NYS can typically backdate benefits up to 4 weeks from when you first file your claim, but there are specific rules about when you became unemployed and when you first contacted them. So if you filed 2 weeks after your layoff, you should be fine - that's well within the normal timeframe. The key is that you have to have been unemployed and eligible during those weeks you're requesting backpay for. I'd recommend calling the unemployment office to confirm your specific situation, or if you can't get through, maybe check out that Claimyr service someone mentioned earlier to help you connect with a representative.
0 coins
Ravi Choudhury
@Mikayla Brown In New York, you can typically backdate unemployment benefits up to one year from when you first file your claim, but you need to show good cause for the delay. Two weeks shouldn t'be a problem at all - that s'pretty normal timing. The key is that you file your initial claim and then request backdating when you speak with a representative. Just be prepared to explain why you didn t'file immediately like (if you were hoping to find work quickly or didn t'know you were eligible .)The Department of Labor is usually reasonable about short delays, especially for seasonal workers who might not realize they qualify right away.
0 coins
KhalilStar
From what I understand, NYS can backdate benefits up to one week before you filed your claim, but only if you have "good cause" for the delay in filing. Two weeks might be pushing it unless you can show there was a valid reason you couldn't file earlier (like being hospitalized or not having access to file). You should definitely ask about it when you speak with them - the worst they can say is no, but sometimes they're more flexible than you'd expect, especially for seasonal workers who might not have known they were eligible.
0 coins
QuantumQuest
@Mikayla Brown In New York, you can typically request backdating for up to one week from when you first became unemployed, but it s'not automatic - you have to specifically request it and provide a good reason for the delay in filing. Two weeks might be pushing it, but it s'worth asking when you speak to them. The key is being able to explain why you didn t'file immediately like (not knowing you were eligible or having technical issues with the website .)Don t'stress too much about it though - the important thing is that you filed and are now in the system.
0 coins
Micah Franklin
From what I understand, NY can typically backdate benefits up to one week before you filed your initial claim, but there are exceptions for things like illness or other circumstances that prevented you from filing sooner. Two weeks shouldn't be a major issue - you might only lose one week of benefits at most. The important thing is that you filed and are keeping up with your weekly certifications now. I'd suggest calling the unemployment office to ask specifically about your situation, though as others mentioned, getting through can be challenging.
0 coins
Yara Haddad
From what I understand, NYS can backdate unemployment benefits up to 4 weeks from when you file your initial claim, but only if you show good cause for the delay in filing. Two weeks shouldn't be a problem at all - that's pretty normal. The key is that you need to show you were unemployed and available for work during that time. When you file your initial claim, make sure to mention that you were laid off 2 weeks prior and explain the dates clearly. They'll usually ask about any delays and why you didn't file immediately.
0 coins
Kaylee Cook
From what I understand, NY usually allows backdating up to one week from when you first became unemployed, but it can vary depending on your specific situation. Two weeks shouldn't be a huge issue - you might just lose that first week of benefits. The important thing is that you filed and are now in the system. When you speak to someone at the Department of Labor, definitely ask about backdating your claim to your actual separation date. Sometimes they'll make exceptions if you can show there were circumstances that prevented you from filing immediately.
0 coins