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Drew Hathaway

How long after unemployment can you file again - NYS Department of Labor waiting period rules?

I was on unemployment benefits for about 6 months last year and my claim ran out in September. Now I'm laid off again from my new job and wondering if there's any waiting period before I can file a new claim with NYS Department of Labor? I tried looking on my.ny.gov but couldn't find clear info about timing between claims. Does anyone know the rules about filing again after your previous claim ended?

Laila Prince

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There's no waiting period between unemployment claims in New York as long as you worked enough after your last claim ended. You need to have earned at least 10 times your weekly benefit rate in covered employment since your last claim. So if your old weekly benefit was $300, you'd need $3,000 in wages from your new job to qualify for a new claim.

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Drew Hathaway

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Thanks! I definitely earned more than that at my new job so I should be good to file right away then.

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Isabel Vega

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wait i thought you had to wait a whole year?? thats what my friend told me when she got laid off again

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Laila Prince

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No, that's not correct. The one year thing you might be thinking of is how long a benefit year lasts, not a waiting period between claims. As long as you worked enough at your new job, you can file immediately after being laid off again.

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Isabel Vega

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oh ok that makes more sense, she probably just didnt work long enough at her new job

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I'm in a similar situation but I'm worried NYS Department of Labor will think I'm job hopping or something. My last claim was only 4 months ago and now I'm unemployed again through no fault of my own. Will they investigate me or make it harder to get benefits?

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Marilyn Dixon

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They don't penalize you for filing multiple claims as long as each separation was qualifying (layoff, reduction in force, etc.). Just make sure you're honest about the reason for separation on your application. If you were legitimately laid off both times, you shouldn't have any issues.

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The NYS Department of Labor system is so confusing about this stuff. I spent forever on hold trying to get through to ask this exact question last month. If you're having trouble reaching them by phone, I actually used this service called Claimyr (claimyr.com) that helped me get connected to an agent faster. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling and getting hung up on.

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TommyKapitz

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Interesting, never heard of that before. Did they charge you anything for it?

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They do charge but it was worth it to actually talk to someone who could answer my questions. Way better than spending days trying to get through on my own.

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Just file online and see what happens. The worst they can do is deny it and then you can appeal if needed.

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Jean Claude

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I went through this same situation last year - filed a new claim about 8 months after my previous one ended. The key thing is having enough work history between claims like others mentioned. When you file online at labor.ny.gov, the system will automatically check if you meet the wage requirements. If you worked full-time at your new job for several months, you should be fine. Just make sure to have your employment dates and wage information ready when you apply. The whole process was pretty straightforward for me once I had all the documentation together.

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