How far back can I claim unemployment benefits with NYS Department of Labor?
I just found out I might have been eligible for unemployment benefits earlier this year but never applied. I was laid off in March 2025 but my boss told me I wouldn't qualify so I never bothered filing. Now a friend says I should have applied right away. Can I still file a claim now for those missed weeks? How far back does NYS Department of Labor let you backdate a claim? I'm really kicking myself for not applying sooner.
14 comments
Join the conversation
Connor Rupert
You can typically backdate your unemployment claim up to 30 days from when you file, but there are exceptions. Since you were laid off in March and it's now much later, you'll likely need to show good cause for the delay. The NYS Department of Labor requires you to file within a reasonable time after becoming unemployed. You should still apply ASAP and explain the situation - sometimes they'll approve backdating if your employer gave you incorrect information.
0 coins
Sophie Footman
•Thank you! Should I mention that my boss told me I wouldn't qualify when I file the claim? I have it in a text message.
0 coins
Molly Hansen
File immediately and request backdating to your layoff date. In your application, there's a section where you can explain why you didn't file sooner. Employer misinformation is actually considered good cause by NYS Department of Labor. Keep that text message as proof. The worst they can say is no, but you might be surprised. I've seen people get approved for backdating even after several months.
0 coins
Brady Clean
•Wait really?? I thought if you didn't file within like 2 weeks you were screwed. This gives me hope because I'm in a similar situation from January.
0 coins
Skylar Neal
ugh same thing happened to me but my old manager said i quit so i couldnt get benefits... turns out that was total BS and i could have appealed but now its too late i think
0 coins
Connor Rupert
•You should still try filing! Even if they initially deny you, you can appeal and present evidence that you were actually laid off, not quit voluntarily.
0 coins
Vincent Bimbach
I had to deal with this exact situation last year when I couldn't get through to NYS Department of Labor for weeks to file my initial claim. The phone lines were constantly busy and the website kept crashing. I ended up using a service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Within a day I was able to speak to someone who helped me backdate my claim and explain the technical difficulties I had filing.
0 coins
Kelsey Chin
•How much does something like that cost though? I'm already broke from being unemployed...
0 coins
Vincent Bimbach
•It was worth it for me to get my benefits sorted out quickly rather than keep trying to call for weeks. The video explains everything better than I can.
0 coins
Norah Quay
The 30 day thing is more of a guideline than a hard rule. I know someone who got backdated for like 3 months because they were in the hospital. Your situation with employer misinformation sounds similar - just be honest about why you delayed and provide any proof you have. The key is filing ASAP now that you know you should have applied earlier.
0 coins
Nia Harris
Sophie, definitely file your claim right away! I was in a similar situation last year where I delayed filing for about 2 months because I was told I wouldn't qualify. When I finally applied, I was honest in the application about the delay and included screenshots of the messages where I was given incorrect information. NYS DOL actually approved my backdating request. The key is to be completely transparent about why you waited and provide any documentation you have. That text message from your boss could be really helpful as evidence. Don't wait any longer - the sooner you file, the better your chances of getting those backdated benefits.
0 coins
Honorah King
•@ce65b714cb71 This is really encouraging to hear! I'm in a similar boat - was let go in February but my HR department told me I wouldn't qualify because it was a "restructuring" not a layoff. Only now learning that restructuring layoffs still count for unemployment. Did you have to do anything special during the appeals process or was it pretty straightforward once you provided the documentation?
0 coins
Yuki Tanaka
•@1d778f2fb311 It was actually pretty straightforward in my case! I didn't even need to go through a formal appeals process. When I filed my initial claim, there was a section where I could explain the delay, and I uploaded the screenshots right then. They reviewed it as part of the initial application and approved the backdating. The whole process took about 2-3 weeks to get a decision. Your situation with HR calling it "restructuring" instead of layoff sounds like the same kind of employer misinformation that helped my case. Definitely gather any emails or documents you have about that conversation and include them when you file!
0 coins
Jabari-Jo
Don't give up hope! I work with unemployment cases and have seen NYS DOL approve backdating for much longer periods when there's documented employer misinformation. The fact that you have that text message is gold - it shows you relied on incorrect advice from your employer in good faith. When you file, make sure to upload that screenshot and be very clear in your explanation that you were specifically told by your boss that you wouldn't qualify. NYS DOL takes employer misinformation seriously because it prevents eligible workers from accessing benefits they're entitled to. File today if possible - every day you wait makes it harder to justify the delay. Good luck!
0 coins