Do you get unemployment if you get laid off - NYS Department of Labor eligibility question
My company just announced they're laying off 40% of their workforce next month and I'm probably going to be included. I've never filed for unemployment before and honestly have no idea how any of this works. Do you automatically qualify for unemployment benefits if you get laid off? Or do they investigate why you were let go? I'm worried because I had a few late arrivals earlier this year but my supervisor said the layoffs are purely due to budget cuts. What should I expect when I file with NYS Department of Labor?
9 comments


Natasha Ivanova
Yes, you should qualify for unemployment benefits if you're laid off due to budget cuts or company downsizing. The NYS Department of Labor considers this an involuntary separation, which is exactly what unemployment insurance is designed for. Your attendance issues from earlier shouldn't matter if the layoff is genuinely for economic reasons. When you file your claim, they'll ask about the reason for separation and your employer will confirm it was a layoff. Make sure to file your claim immediately after your last day of work - don't wait!
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Oliver Fischer
•That's such a relief to hear! Do I need any special paperwork from my employer or can I just file online?
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NebulaNomad
You can file everything online through the my.ny.gov portal. You'll need your Social Security number, driver's license, and employment history for the past 18 months. Your employer will get a notice asking them to confirm the reason for separation. As long as they report it as a layoff and not misconduct, you should be approved. The weekly benefit amount depends on your earnings during your base period.
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Javier Garcia
•just went through this myself last year when my company downsized. took about 2 weeks to get approved after filing
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Emma Taylor
ugh the whole system is so confusing though! I got laid off 6 months ago and it took FOREVER to actually talk to someone at NYS Department of Labor. kept getting busy signals and my claim got stuck in adjudication for weeks. really hope you have better luck than I did!!
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Malik Robinson
•I had the same problem trying to reach NYS Department of Labor by phone. Ended up using Claimyr to get through to an actual agent - they have this system that calls for you and gets you connected. Check out claimyr.com, they have a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Way easier than spending hours on hold.
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Emma Taylor
•Never heard of that but honestly anything is better than the endless busy signals!
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Isabella Silva
The key thing is to file immediately and be completely honest about everything. Even if your claim goes into adjudication, which sometimes happens with layoffs, you'll eventually get approved and receive back pay for all the weeks you were eligible. Keep filing your weekly claims even during adjudication.
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Oliver Fischer
•Good to know about the back pay - I was worried I might miss out if there were delays in processing.
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