How long does an employer have to pay unemployment benefits in NY?
I'm confused about something - when I file for unemployment, how long does my employer have to actually pay the benefits? My friend said employers pay unemployment directly but that doesn't sound right to me. I just got laid off from my warehouse job last week and want to make sure I understand how this works before I file my claim with NYS Department of Labor. Does the employer pay me directly or does the state pay me? And if it's the state, how long do they have to start sending payments?
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Yara Khoury
Your employer doesn't pay unemployment benefits directly to you - that's a common misconception. Employers pay unemployment insurance taxes to NYS Department of Labor throughout the year, which funds the unemployment system. When you file a claim, the state pays your benefits from this fund, not your employer. Once your claim is approved (usually takes 1-2 weeks if there are no issues), you should receive your first payment within a few days of filing your weekly claim.
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Connor O'Reilly
•Oh that makes way more sense! So I file directly with NYS Department of Labor and they handle everything? My employer doesn't need to approve it or anything?
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Yara Khoury
•Exactly! You file with NYS Department of Labor online. Your employer will get notified of your claim and can contest it if they think you were fired for misconduct, but they don't control whether you get benefits. Most layoffs are automatically approved.
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Keisha Taylor
just to add - make sure you file ASAP because there's usually a one week waiting period before benefits start, and you can't get paid for weeks you didn't claim
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StardustSeeker
The payment timeline depends on whether your claim goes into adjudication. If NYS Department of Labor needs to investigate something (like why you left your job), it can take 4-6 weeks to get your first payment. But for straightforward layoffs, you're looking at about 2-3 weeks total from filing to receiving money. I've been through this process twice and the second time was much faster because I knew exactly what information to provide upfront.
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Paolo Marino
•What kind of things make a claim go into adjudication? I'm worried mine might get delayed because I had some attendance issues before getting laid off.
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StardustSeeker
•Attendance issues could potentially trigger a review, especially if your employer contests the claim saying you were fired rather than laid off. But if it was clearly a layoff due to lack of work, you should be fine. Just be honest on your application about the circumstances.
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Amina Bah
I had a nightmare trying to get through to NYS Department of Labor when my claim got stuck in adjudication for over a month. Kept calling the main number but could never get past the automated system. Finally found this service called Claimyr (claimyr.com) that actually gets you connected to a real person at NYS Department of Labor. They have a video demo showing exactly how it works: https://youtu.be/qyftW-mnTNI. Ended up resolving my issue the same day I talked to an agent.
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Oliver Becker
•Never heard of that service before but honestly anything that helps with those phone lines sounds worth it. The hold times are insane.
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Natasha Petrova
ugh the whole system is so confusing!! why can't they just make it simple like other states do it?? took me forever to figure out the weekly claim thing too
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Freya Andersen
•I totally get the frustration! The weekly claim part tripped me up too when I first filed. You have to certify every week that you're still unemployed and looking for work, even if you haven't heard back about your initial claim yet. It's annoying but once you get into the routine it only takes like 5 minutes each week.
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Sergio Neal
Just want to emphasize what others have said about filing quickly - I made the mistake of waiting a week after my layoff thinking I needed to "settle in" first, and it just delayed everything. The sooner you file with NYS Department of Labor, the sooner that waiting period starts ticking. Also, gather all your employment info beforehand (dates, wages, reason for separation) because the application will ask for specific details and you don't want to have to start over if you're missing something.
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Danielle Mays
•This is really helpful advice! I wish I had known about gathering all the employment info beforehand. When you say "specific details" - do you remember what kinds of wage information they ask for? Like do I need pay stubs or will they accept my word for it? I'm trying to get everything together before I file tomorrow.
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