NYS Department of Labor - does warn pay affect unemployment benefits calculation?
My company just laid me off and gave me 60 days of WARN Act pay since they're closing the facility. I'm planning to file for unemployment but I'm confused about how this affects my benefits. Do I need to report the WARN pay when I file my weekly claims? Will it reduce my unemployment amount or make me ineligible? The severance paperwork doesn't really explain how it works with NYS Department of Labor benefits and I don't want to mess up my claim.
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Anastasia Ivanova
WARN pay is considered wages for the period it covers, so yes you need to report it on your weekly claims. The NYS Department of Labor will typically defer your benefits until the WARN pay period ends. You should still file your initial claim right away though to establish your benefit year and get the process started.
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Diego Flores
•So I won't get any unemployment payments for the full 60 days? That seems like it defeats the purpose of filing early.
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Sean Murphy
wait this is confusing me too. my friend got laid off last year and she said she got both her severance AND unemployment at the same time? maybe it depends on how the company structures it??
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Anastasia Ivanova
•Your friend might have had regular severance pay which has different rules than WARN Act pay. WARN pay specifically covers the notice period that the company should have given but didn't, so NYS Department of Labor treats it as wages for those specific weeks.
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StarStrider
I dealt with this exact situation when my plant closed. You absolutely must report the WARN pay on your weekly certification or you'll create an overpayment situation later. File your claim immediately but expect zero benefits until the WARN period ends. The good news is your claim will be processed and ready to go when the 60 days are up.
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Zara Malik
•This whole system is so frustrating! Why can't they just make it simple - if you're unemployed you should get benefits regardless of what paperwork games companies play.
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Luca Marino
I had such a hard time getting through to NYS Department of Labor to ask about this when it happened to me. Kept getting busy signals for weeks. Finally used claimyr.com to get connected to an actual agent who explained everything. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Way easier than sitting on hold for hours.
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Diego Flores
•Thanks, I'll check that out. The phone lines have been impossible lately.
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Nia Davis
Make sure you keep all your WARN pay documentation! NYS Department of Labor will want to see the dates and amounts when they review your claim. Also don't forget you still need to do the job search activities during the WARN period even though you're not getting UI benefits yet.
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GalacticGladiator
Just went through this myself when my company closed last month. The key thing to understand is that WARN pay essentially "pushes back" when your unemployment benefits start, but it doesn't affect the total amount you're eligible for. Think of it as the state saying "you're still technically employed during those 60 days even though you're not working." I know it feels unfair, but filing immediately is still the right move because there can be delays in processing, and you want everything ready to go when that WARN period ends. Also, double-check if your employer is paying into the state system during those 60 days - that can affect things too.
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