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.
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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.
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Romeo Barrett
•Thank you! I was worried I waited too long already. Do I need to do anything different when filing since it was seasonal work?
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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.
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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.
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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?
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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.
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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.
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Romeo Barrett
•How much does something like that cost? I'm already tight on money waiting for my claim to process.
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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
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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.
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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.
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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.
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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.
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