Got laid off from construction job - can I collect unemployment benefits through NYS Department of Labor?
My company just laid me off after 2 years working construction due to winter slowdown. I've never filed for unemployment before and honestly don't know if I'm even eligible. When you get laid off can you collect unemployment? I heard there's different rules depending on why you lost your job. My supervisor said it was just seasonal cutbacks and they might call me back in spring but nothing guaranteed. Do I need to file right away or can I wait to see if they call me back? Also not sure what documents I need or how the whole process works with NYS Department of Labor.
13 comments


Michael Adams
Yes, getting laid off typically qualifies you for unemployment benefits in New York. Since it wasn't your fault (involuntary separation), you should be eligible. File your claim ASAP because there's a waiting week and benefits are based on when you file, not when you lost the job. You'll need your Social Security number, employment history for the last 18 months, and your employer's information. Construction layoffs are super common in winter - NYS Department of Labor sees tons of these seasonal claims.
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Chloe Mitchell
•Thanks! Should I file even if my boss said they might call me back? I don't want to mess anything up if there's a chance I could return to the same job.
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Natalie Wang
File immediately! Even if they might call you back, you need to protect yourself financially. You can always stop claiming if you get called back to work. The key thing is you were laid off through no fault of your own - that's exactly what unemployment insurance is for. Just make sure when you file your weekly claims you're honest about any callback expectations and mark that you're able and available for work.
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Noah Torres
•This is so true. My brother waited thinking he'd get called back and lost like 3 weeks of benefits he could have gotten. The system doesn't penalize you for going back to work - it's designed for exactly this situation.
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Samantha Hall
Construction worker here too and I've been through this drill multiple times. Winter layoffs are brutal but unemployment definitely helps bridge the gap. One thing - if your company has a history of seasonal layoffs and callbacks, you might want to ask about standby status instead of regular UI. Sometimes that works better for construction since you have a definite employer to return to. But honestly the regular unemployment process is pretty straightforward if you just got laid off.
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Chloe Mitchell
•What's standby status? Never heard of that option before.
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Samantha Hall
•Standby is when you have a definite return date to the same employer within 30 days. Since your boss just said 'maybe spring' that's probably too vague for standby. Regular UI is probably your best bet.
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Ryan Young
Just went through this exact same thing last month when my company did layoffs. The hardest part honestly was getting through to someone at NYS Department of Labor to check on my claim status. I kept calling and either got busy signals or got disconnected after waiting forever. Finally found this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made the whole process way less stressful since I could actually talk to someone about my specific situation.
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Sophia Clark
•How much does something like that cost? Seems like you shouldn't have to pay extra just to reach the people who are supposed to help you.
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Ryan Young
•I was skeptical too but honestly it was worth it just to get answers about my claim. Way better than spending hours trying to get through on my own.
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Katherine Harris
The unemployment system in this state is ridiculous. You pay into it your whole working life and then when you actually need it they make it impossible to get help. Half the time the website doesn't work and good luck ever reaching a human on the phone. But yeah OP you should definitely file - just be prepared for potential headaches with the process.
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Michael Adams
•The online system has gotten better since the pandemic but calling is still a nightmare. Best advice is file online at my.ny.gov and only call if you absolutely have to.
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NeonNova
Hey Chloe, definitely file right away! I'm a union electrician and go through this every winter. Getting laid off absolutely qualifies you for unemployment - it's not your fault and that's exactly what the system is designed for. Don't wait to see if they call you back because you could be missing out on weeks of benefits. You can apply online at labor.ny.gov and you'll need your SSN, driver's license, and info about your employer and wages from the last 18 months. The process takes about 30 minutes online and is way easier than calling. Construction seasonal layoffs are super common so they're used to processing these claims. Just make sure to file your weekly certifications on time once you're approved.
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