NYS Department of Labor unemployment after business sold - can I collect benefits?
My employer just sold the company I work for and the new owners aren't keeping any of the current staff. They're closing our location completely in two weeks. I've been there for 6 years as a warehouse supervisor. Can I file for unemployment benefits with NYS Department of Labor since technically the business was sold and not closed? I'm worried they might say I quit or something weird. The new company said they have no positions available and aren't offering transfers. Has anyone dealt with this situation before?
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NebulaKnight
Yes, you can absolutely file for unemployment! When a business is sold and the new owners don't retain employees, that's considered an involuntary job loss. NYS Department of Labor recognizes this as a qualifying reason for UI benefits. Make sure to document everything - the sale notice, any communication about not being retained, and your last day of work. File your claim as soon as possible after your last day.
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Dylan Wright
•Thank you! Should I wait until my actual last day to file or can I file now since they already told us we won't be kept on?
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Sofia Ramirez
I went through this exact thing last year when my company got bought out. Filed my claim right after my last day and had no issues. NYS Department of Labor approved it without any problems. The key is making sure you have documentation that shows you were let go due to the business sale, not that you chose to leave. Keep any emails or notices they gave you about the sale and staff changes.
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Dmitry Popov
•How long did it take for your claim to get approved? I'm in a similar situation and wondering what to expect.
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Sofia Ramirez
•Mine took about 2 weeks to process. No adjudication or anything, it was pretty straightforward since I had all the paperwork from the company sale.
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Ava Rodriguez
If you're having trouble getting through to NYS Department of Labor to ask questions about your specific situation, I used a service called Claimyr (claimyr.com) that helped me reach an actual agent. They have this video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped when I needed to clarify some details about my claim status and couldn't get through the regular phone lines.
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Dylan Wright
•Interesting, I've been trying to call all week with questions but keep getting busy signals. Might check this out if I run into issues.
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Miguel Ortiz
Wait, so if they're closing your location completely that should be pretty clear cut right?? I thought business sales were tricky for unemployment but if they're shutting down the whole place that seems obvious. Good luck with your claim!
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Zainab Khalil
Make sure you understand the difference between a business closure and a sale. In your case it sounds like both - they sold AND are closing your location. That definitely qualifies you for benefits. The only time it gets complicated is if the new owners offer you a job and you refuse it, but that's not happening here. File as soon as your employment ends and you should be fine.
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Dylan Wright
•Yeah they made it clear there are zero positions available with the new company. Thanks for the clarification about the difference!
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Teresa Boyd
I had a similar situation about 3 years ago when my company was acquired and they eliminated my entire department. One thing I wish I had known - make sure to get a separation letter or some kind of written notice about the business sale and your job ending. NYS DOL might ask for it during the claims process. Also, don't stress too much about the timing of when to file - you generally want to file the week you become unemployed, not before. The system is pretty good at recognizing legitimate layoffs due to business changes. You've got 6 years of work history which definitely helps your case too.
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