How long can you file for unemployment after being fired from NYS Department of Labor perspective?
Got terminated from my warehouse job two months ago and I'm just now thinking about filing for unemployment benefits. My supervisor said I was let go for attendance issues but I think it was really because I complained about safety violations. Anyway, I've been trying to find work on my own but it's not going well and bills are piling up. Is there a deadline for when you can file your initial claim with NYS Department of Labor? I heard conflicting information - some people say you have to file immediately and others say you have up to a year. I'm worried I might have waited too long and missed my chance. Has anyone else filed weeks or months after losing their job?
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Ryder Everingham
You typically have one year from the date you became unemployed to file your initial claim with NYS Department of Labor. However, there's a catch - you can only receive benefits for weeks that you actually file weekly claims. So if you file today, you can't get retroactive benefits for the past two months when you weren't filing. The sooner you file, the better, because each week you delay is a week of potential benefits you're losing forever.
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Aisha Jackson
•So I can still file now but I won't get the past 8 weeks of benefits? That's a lot of money I missed out on. Wish I had known this earlier.
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Lilly Curtis
File ASAP! I made the same mistake and waited 6 weeks after getting laid off. Lost out on over $2000 in benefits that I could never get back. The application process through my.ny.gov isn't too bad but you'll need your separation paperwork and employment history ready.
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Leo Simmons
•This is why it's so important to file right away even if you think you might find work quickly. You can always stop claiming if you get a job, but you can't go backwards and claim weeks you missed.
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Lindsey Fry
Wait, I thought there was some kind of good cause exception for late filing? I'm in a similar situation where I didn't know I could file after being fired for what my employer called 'misconduct' but was really just me standing up for workplace rights.
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Ryder Everingham
•There are very limited exceptions for late filing but they're extremely rare - usually only for things like serious illness or military deployment. Being unaware of your rights unfortunately doesn't qualify as good cause in most cases.
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Saleem Vaziri
If you're having trouble getting through to NYS Department of Labor by phone to file or get more info about your specific situation, I had success using a service called Claimyr (claimyr.com). They helped me get connected to an actual agent when I couldn't get through on my own. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of busy signals and disconnected calls.
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Aisha Jackson
•That actually sounds helpful. I've been trying to call NYS Department of Labor for days and keep getting hung up on or stuck in endless hold loops.
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Kayla Morgan
THE WHOLE SYSTEM IS DESIGNED TO MAKE YOU MISS DEADLINES! They don't advertise these time limits anywhere obvious and then act like it's your fault when you don't know the rules. Two months isn't that long to figure out your next move after losing a job but apparently it's too long for NYS Department of Labor.
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James Maki
•I get the frustration but the information is available on the website. The real issue is that a lot of people don't realize they can file for unemployment after being fired - they think it's only for layoffs.
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Malik Robinson
@Aisha Jackson, definitely file your claim today if you can! Even though you'll miss out on those 8 weeks of back pay, you're still eligible to file since it's been less than a year. And regarding your termination for "attendance issues" after complaining about safety violations - that could potentially be considered retaliation, which might help your case if your employer contests your claim. Make sure to document everything about those safety complaints when you file. The worst thing you can do is wait any longer and lose out on even more potential benefits.
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Skylar Neal
I'm in a similar boat - got laid off from my retail job about 6 weeks ago and kept putting off filing because I thought I'd find something quickly. This thread is a real wake-up call about how much money I'm probably losing by waiting. Does anyone know if there are any differences in the filing process or requirements when you wait this long to apply? Like do they ask more questions about why you didn't file sooner, or is it pretty much the same process as filing right away?
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