Does everyone get unemployment benefits from NYS Department of Labor?

No, not everyone qualifies for unemployment benefits through NYS Department of Labor. You need to meet several requirements: you must have worked long enough to earn sufficient wages (usually at least 2 quarters in your base period), you must be unemployed through no fault of your own, and you must be able and available to work while actively seeking employment. Since you worked 8 months at the restaurant, you likely meet the wage requirements if you were making decent hours.

That makes sense about the wage requirements. I was working about 25-30 hours per week, so hopefully that's enough. What do they mean by 'no fault of your own' exactly?

The 'no fault of your own' part is key - you can't be fired for misconduct or quit voluntarily without good cause. Being laid off due to slow business definitely qualifies. Your claim might be in adjudication if there's something NYS Department of Labor needs to verify about your separation from work. Did your employer contest your claim or provide any information that might need review?

I don't think my employer contested it. They were pretty understanding when they had to let me go. How long does adjudication usually take?

Adjudication can take anywhere from 2-6 weeks depending on the complexity. Since yours seems straightforward, it shouldn't be too much longer.

ugh the whole system is so frustrating!! i've been trying to get through to someone at NYS Department of Labor for weeks about my claim status and can never reach anyone. the phone lines are always busy and when i do get through i get disconnected. does anyone know a better way to contact them?

I had the same problem until someone told me about claimyr.com - it's a service that helps you get through to NYS Department of Labor agents. They have this demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Basically they handle the calling and waiting for you. I was skeptical at first but it actually worked and I got through to speak with someone within a couple hours instead of trying for weeks.

Really? That sounds too good to be true but at this point I'm willing to try anything. Did they ask for a lot of personal info?

It was pretty straightforward to use actually. Much easier than the endless phone tag with NYS Department of Labor.

Just to add - even if you qualify initially, you have to keep meeting the requirements every week. That means filing your weekly claim certification, reporting any work or income, and doing job search activities. NYS Department of Labor requires you to make at least 3 job contacts per week and keep records of your search activities.

Good to know about the weekly requirements. I've been applying to jobs already so I should be covered on that front.

Wait, I thought everyone who lost their job could get unemployment? My cousin in another state got it right away when he was laid off.

Each state has different rules and processing times. In New York through NYS Department of Labor, there are specific eligibility requirements that must be met and verified before benefits can be paid.