How long can I wait to file for unemployment benefits with NYS Department of Labor?
I got laid off from my restaurant job about 2 weeks ago and I'm wondering if there's a deadline for filing my unemployment claim with NYS Department of Labor. I was hoping I might find something quickly but no luck so far. My landlord is starting to ask about next month's rent and I'm getting worried. Does anyone know how long I can wait before it's too late to file? I heard something about backdating but I'm not sure how that works with NYS Department of Labor.
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Josef Tearle
You should file ASAP! NYS Department of Labor generally allows you to backdate your claim up to 4 weeks from when you became unemployed, but the sooner you file the better. Your benefit year starts from the Sunday of the week you file, not when you lost your job. If you wait too long you could lose those weeks of benefits entirely.
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Charity Cohan
•Thanks! So if I file today I could potentially get benefits for the past 2 weeks? That would be a huge help with rent.
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Shelby Bauman
i waited like 3 weeks and they only gave me benefits from when i filed not from when i got fired... might depend on your situation though
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Quinn Herbert
The official rule is that you can request backdating during your initial claim filing, but NYS Department of Labor will only approve it if you have a valid reason for the delay. Looking for work on your own isn't usually considered a valid reason. Valid reasons include things like not knowing you were eligible, illness, or misinformation from your employer. You'll need to provide documentation if you request backdating.
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Salim Nasir
•Wait, so they might not approve backdating just because I was trying to find work first? That seems unfair - I was being responsible by trying to get a job before using unemployment benefits.
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Quinn Herbert
•Unfortunately that's correct. The system assumes you should know about unemployment benefits and file immediately. I'd still try requesting backdating when you file and explain your situation - worst case they say no and you get benefits starting from your filing date.
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Hazel Garcia
I had trouble getting through to NYS Department of Labor on the phone to ask about this exact same thing. The wait times are insane and I kept getting disconnected. Finally found this service called Claimyr at claimyr.com that helped me get through to an actual agent. They have this video demo at https://youtu.be/qyftW-mnTNI that shows how it works. The agent was able to explain my backdating options and help me file properly. Might be worth checking out if you're having trouble reaching anyone.
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Charity Cohan
•How much does something like that cost? I'm already tight on money so I don't want to pay a lot just to talk to someone.
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Hazel Garcia
•It's definitely cheaper than losing weeks of benefits because you couldn't get proper information. The main thing is getting your claim filed correctly the first time.
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Laila Fury
File online right now!! Don't wait any longer. Even if they don't approve backdating you'll at least start getting benefits from this week forward. The online system is usually faster than calling anyway.
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AstroAce
•Agreed! I just went through this process last month and filing online was so much easier than trying to call. The website walks you through everything step by step and you can save your progress if you need to gather documents. @Charity Cohan don t'stress too much about the backdating - focus on getting your claim submitted today so you can start receiving benefits as soon as possible. Even without backdating, getting benefits starting now is better than waiting longer and potentially missing out on more weeks.
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Connor Gallagher
Just to add some clarity on the backdating rules - NYS Department of Labor typically allows backdating up to 4 weeks, but they're pretty strict about what constitutes a "valid reason" for the delay. From what I've seen, they're more likely to approve backdating if you can show you were misinformed about your eligibility or had a legitimate barrier to filing (like illness or lack of internet access). Simply trying to find work first usually isn't enough, unfortunately. That said, definitely still request it when you file - include a brief explanation of your situation and any documentation you have. The worst they can do is deny it, and you'll still get benefits moving forward. The key is to file TODAY so you don't lose any more potential weeks while you're waiting.
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Zoe Stavros
•This is really helpful information! I'm in a similar situation where I waited about 10 days after being laid off from my retail job before realizing I should file. Based on what you're saying, it sounds like my best bet is to file immediately and request backdating while explaining that I wasn't fully aware of the timing requirements. Do you know if there's any difference in how they handle backdating requests for different types of job losses (like layoffs vs termination)? I'm worried they might be less lenient since I was technically terminated for attendance issues, even though it was really because my hours got cut so much I couldn't afford transportation to work consistently.
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Sebastian Scott
•@Zoe Stavros The type of job separation can definitely matter for your eligibility, but it shouldn t'affect the backdating decision itself - that s'more about when you file versus when you became unemployed. However, since you mentioned being terminated for attendance issues, you ll'want to be prepared to explain how the hour cuts made it difficult to maintain attendance. NYS Department of Labor will look at whether the termination was due to misconduct or circumstances beyond your control. If you can document that your hours were severely reduced before the attendance problems started, that could help your case. Either way, you should absolutely file now and request backdating - just be honest about your situation and provide any documentation you have about the hour cuts.
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Hiroshi Nakamura
I'm dealing with something similar right now - lost my job 3 weeks ago and just found out about these backdating rules. From what I've been reading on the NYS DOL website, they have a form you can fill out when you initially file your claim to request backdating. The form asks you to explain why you didn't file sooner. I'm planning to mention that I wasn't aware of the strict timing requirements and thought I had more time to file. Even if they don't approve the full 3 weeks, getting even 1-2 weeks backdated would help a lot. The important thing everyone's saying is right - file immediately online so you don't lose any more time. The application process took me about 45 minutes and you can save your progress if you need to take breaks to gather documents.
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Emily Sanjay
•@Hiroshi Nakamura That s'really helpful to know there s'actually a form for requesting backdating! I had no idea they built that right into the initial filing process. 45 minutes sounds totally manageable, and being able to save progress is great since I ll'probably need to dig up some documents. Did you end up getting approved for any backdating when you filed? I m'curious how long it takes them to make that decision. Also wondering if it s'better to be brief in the explanation or provide more detail about why you waited - don t'want to hurt my chances by saying too much if wasn "t'aware of timing requirements is" sufficient.
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Ella Lewis
•@Hiroshi Nakamura This is super helpful! I m'actually the original poster and have been reading all these responses - sounds like I really need to stop overthinking this and just file today. The fact that there s'a specific form for backdating built into the process makes it seem less intimidating. I m'going to gather my employment documents and file online this afternoon. Even if I only get approved for partial backdating, getting benefits started now is better than waiting any longer. Thanks for sharing your experience with the timing - 45 minutes seems totally doable and knowing I can save progress takes the pressure off.
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