How long after being fired can you apply for unemployment in New York?
I just got terminated from my job yesterday and I'm wondering how soon I can file for unemployment benefits with NYS Department of Labor. Is there a waiting period before I can apply, or can I start the process right away? I've never been through this before and want to make sure I don't miss any deadlines or requirements. Also worried about whether being fired affects my eligibility compared to being laid off. Any guidance would be really helpful!
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Owen Jenkins
You can apply immediately - there's no waiting period to file your initial claim with NYS Department of Labor. In fact, you should file as soon as possible because benefits are calculated from the date you file, not from when you lost your job. Being fired doesn't automatically disqualify you either, unless it was for misconduct. The key is to file your claim through the my.ny.gov portal within the first week after your last day of work.
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Alice Coleman
•Thank you! That's a relief. I was worried I'd have to wait or that being fired would hurt my chances. I'll get started on the application today.
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Lilah Brooks
Just to add - while you can file immediately, your first payable week starts after a one-week waiting period. So if you file this week, you won't get paid for this week but you'll be eligible for benefits starting next week. Make sure you keep filing your weekly claims even during that waiting week or you'll lose benefits.
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Jackson Carter
•Wait, I thought they got rid of the waiting week during COVID? Or did that change back?
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Lilah Brooks
•The waiting week is back as of 2022. It was suspended during the pandemic but NYS brought it back for regular UI claims.
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Kolton Murphy
I had trouble getting through to NYS Department of Labor on the phone when I filed last year. If you run into issues or your claim gets stuck in adjudication, I 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 than sitting on hold for hours.
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Evelyn Rivera
•How much does something like that cost? I'm already stressed about money.
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Kolton Murphy
•It was worth it for me to avoid the phone frustration, but try the regular channels first. Sometimes you get lucky and get through on your own.
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Julia Hall
The NYS Department of Labor system is so confusing! I filed right away when I got laid off but then had to do all this job search stuff and prove I was looking for work. Make sure you understand the requirements before you start getting benefits or they'll hit you with an overpayment later.
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Owen Jenkins
•Good point - you need to register with the state job search website and log your job search activities. It's 3 job search activities per week once you start receiving benefits.
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Javier Morales
Also want to mention - when you file your claim, be completely honest about the circumstances of your termination. The DOL will contact your former employer to verify details, and any inconsistencies can cause major delays or even disqualification. Even if you were fired for performance issues (not misconduct), you may still be eligible. The key difference is that misconduct involves intentional wrongdoing, while poor performance is usually not considered misconduct under NY unemployment law.
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Dmitry Smirnov
•This is really important advice! I was actually fired for attendance issues (had some health problems that made me late frequently), but it wasn't intentional misconduct. Should I explain the full situation when I file, or just stick to the basic facts? I don't want to hurt my case but I also don't want to seem like I'm hiding anything.
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