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Marcus Williams

NYS Department of Labor - when to file for unemployment after layoff timing question

Got laid off yesterday from my marketing job at a tech startup and I'm confused about timing for filing my unemployment claim. Should I file immediately or wait? My last day was Tuesday but my final paycheck includes vacation payout that I'll get next week. Does that affect when I should start my NYS Department of Labor claim? I've never done this before and don't want to mess up the timing and delay my benefits.

Lily Young

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File immediately! Don't wait. You can file your initial claim the day after your last day of work. The vacation payout won't affect your eligibility to start the claim, but you'll need to report it when you do your weekly certification for that week. NYS Department of Labor has a one-week waiting period anyway, so filing early just gets the process started.

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Thanks! So I can file today even though I'll get the vacation pay next week? I was worried it would disqualify me somehow.

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Yeah definitely file ASAP. I made the mistake of waiting two weeks after my layoff last year thinking I needed to 'settle everything' first. That just delayed my first payment by two weeks for no reason. The NYS Department of Labor system is designed to handle vacation payouts and severance - you just report it honestly when you file your weekly claims.

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Wesley Hallow

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This happened to me too! Waited almost a month because my HR person told me to 'get everything sorted first' which was terrible advice.

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Justin Chang

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One thing to watch out for - if you got severance that covers specific weeks, those weeks might not be payable for UI benefits. But vacation payout is different, it's just wages you already earned. The key is being honest about everything when you file your weekly certifications. NYS Department of Labor will figure out what affects your benefits and what doesn't.

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No severance, just the vacation days I had built up. Sounds like I should definitely file today then.

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Grace Thomas

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ugh the NYS Department of Labor phone system is impossible to get through to ask questions like this. I've been trying to call for three days about my own claim issue and just get hung up on every time. The website has info but it's confusing when you have specific situations.

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Lily Young

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Have you tried Claimyr? I used it last month when I couldn't get through to NYS Department of Labor. It's at claimyr.com and they basically get you connected to an actual agent. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling.

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Grace Thomas

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Never heard of that but I'll check it out. At this point I'll try anything to actually talk to someone.

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file right away but make sure you have all your employment info ready - dates, wages, reason for separation. The online application asks for a lot of details and it's easier if you have everything organized first.

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