NYS Department of Labor unemployment benefits while changing jobs - do I qualify?
I'm confused about whether I can collect unemployment when I'm voluntarily leaving my current job to start a new one. There's going to be a 3 week gap between when I finish at my current company and when my new job starts. My new employer needs me to start after they complete some internal restructuring. I've heard conflicting things about whether NYS Department of Labor considers this a valid reason for unemployment benefits. I've been at my current job for 2 years and have never filed for unemployment before. Does anyone know if this gap period between jobs qualifies me for benefits? I really need the income during those 3 weeks to cover my rent and bills.
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Rita Jacobs
Unfortunately, if you voluntarily quit your job, you're generally not eligible for unemployment benefits in New York, even if you have another job lined up. NYS Department of Labor requires that you be unemployed through no fault of your own. The fact that you're choosing to leave your current position before your new one starts would likely disqualify you. You might want to see if your current employer would be willing to adjust your end date or if your new employer can move up your start date to minimize the gap.
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Manny Lark
•That's what I was afraid of. I already gave my two weeks notice though. Is there any way to appeal this if I get denied? The new job requires specific training that can only start on certain dates.
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Khalid Howes
wait i thought you could get unemployment if you had good cause for leaving? like if the new job is significantly better or something?
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Ben Cooper
•There are very limited circumstances where voluntary separation might be considered 'good cause' by NYS Department of Labor, but having another job lined up generally isn't one of them. Good cause typically involves things like unsafe working conditions, harassment, or substantial changes to your job duties. Simply wanting to take a better position usually doesn't qualify.
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Naila Gordon
I went through something similar last year when I had a gap between jobs. I tried calling NYS Department of Labor multiple times but could never get through to speak with anyone about my specific situation. The automated system just kept giving me the same generic information. It was incredibly frustrating because every situation is different and I felt like I needed to explain my circumstances to a real person. Eventually I found this service called Claimyr (claimyr.com) that actually got me connected to a NYS Department of Labor agent within a few hours. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. The agent was able to clarify whether my situation qualified and saved me weeks of uncertainty.
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Manny Lark
•That sounds really helpful! I've been dreading trying to call them because I know how hard it is to get through. Did they charge a lot for that service?
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Naila Gordon
•It was definitely worth it for the peace of mind. Much better than spending hours on hold or getting hung up on repeatedly.
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Cynthia Love
The whole system is so backwards!! Why should people be penalized for trying to better their careers? It's not like you're gaming the system - you're literally trying to work! But no, NYS Department of Labor would rather keep people stuck in bad jobs than support career advancement. Makes no sense.
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Darren Brooks
•I feel you on this. The rules definitely seem outdated for how people actually change jobs nowadays.
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Rosie Harper
you might be able to file anyway and see what happens? sometimes they approve things that seem like they shouldn't qualify. worth a shot right?
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Rita Jacobs
•I wouldn't recommend filing a claim you know doesn't qualify. If you receive benefits you're not entitled to, you'll have to pay them back with penalties. It's better to be certain about eligibility first.
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