How long after leaving a job can you file for unemployment with NYS Department of Labor?
I'm really confused about the timing here. I left my job about 6 weeks ago because my hours got cut to basically nothing and I couldn't afford to stay. I kept thinking maybe I'd find something quickly but no luck so far. Can I still file for unemployment benefits with NYS Department of Labor even though it's been over a month? I'm worried I waited too long and missed some kind of deadline. My friend said there's a time limit but she wasn't sure what it was. I really need help understanding the rules about this.
11 comments


Kaitlyn Jenkins
You can still file! There's no strict deadline for filing your initial claim with NYS Department of Labor, but you should definitely file as soon as possible. Your benefits will only start from the week you actually file, not from when you became unemployed. So the longer you wait, the more potential benefits you're losing. The key thing is whether you qualify - if your hours were cut dramatically that might count as constructive dismissal.
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Sydney Torres
•That's such a relief! I was panicking that I'd completely missed my chance. So I won't get benefits for the 6 weeks I've already been unemployed?
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Caleb Bell
File immediately on the NYS Department of Labor website. You're right that benefits don't backdate to when you actually lost income - they start from your filing date. Make sure you have all your employment information ready including your last employer's details and reason for separation. If your hours were severely reduced, that could qualify as involuntary separation which would make you eligible.
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Danielle Campbell
•This happened to me too and I waited 3 months like an idiot. Lost out on thousands of dollars.
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Rhett Bowman
I was in a similar situation last year where I couldn't get through to NYS Department of Labor by phone to ask questions before filing. The wait times were insane and I kept getting disconnected. Finally found this 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 showing how it works. Really saved me from wasting more weeks trying to get answers.
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Abigail Patel
•How much does something like that cost? I'm already strapped for cash.
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Rhett Bowman
•It was worth it for me since I was losing benefits every week I delayed. Way better than spending hours on hold getting nowhere with the regular phone system.
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Daniel White
just file already!! the system sucks but you're making it worse by waiting. file today and start your weekly claims right away
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Nolan Carter
Wait I thought there was like a 30 day rule or something? My cousin said you had to file within a month of losing your job or you couldn't get anything. Maybe that's different states though?
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Kaitlyn Jenkins
•No 30 day rule in New York for initial filing. You might be thinking of the appeal deadline which is 30 days if you get denied.
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Mei Wong
Don't worry Sydney, you haven't missed any deadline! In New York, there's no time limit for when you can first file your unemployment claim. The important thing to understand is that benefits only start from the week you actually file your application, not from when you first became unemployed. So those 6 weeks you've been out of work unfortunately won't be covered, but you can absolutely still file now and start receiving benefits going forward. Since your hours were cut to almost nothing, that could definitely qualify as "constructive dismissal" which would make you eligible. I'd recommend filing your claim online at the NYS DOL website today - the sooner you file, the sooner your benefits can start.
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