Position eliminated - am I eligible for NYS Department of Labor unemployment benefits?
My company just announced they're eliminating my entire department due to restructuring and my last day is next Friday. I've been there for 6 years as a marketing coordinator. HR said it's not performance related, just budget cuts. I know I can file for unemployment but want to make sure I'm actually eligible since it's a position elimination and not a traditional layoff. Has anyone been through this with NYS Department of Labor? Do I need any special documentation from my employer?
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Keith Davidson
Yes, position elimination definitely qualifies you for unemployment benefits. You were separated through no fault of your own, which is exactly what unemployment insurance is for. When you file your claim, you'll select 'lack of work' as your reason for separation. Make sure to get a letter from HR documenting that your position was eliminated due to restructuring - it'll help if there are any questions during the adjudication process.
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Taylor Chen
•Thank you! Should I wait until my last day to file or can I file before then?
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Ezra Bates
same thing happened to me last year when my whole accounting department got cut. filed the day after my last day and had no issues getting approved. just make sure you have your employer info ready when you file online
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Ana Erdoğan
You can file your claim up to one week before your last day of work, but your benefit year won't start until after your employment ends. I'd recommend filing the day after your last day to avoid any confusion. Also keep any emails or documentation about the restructuring - NYS Department of Labor might request proof during their review process.
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Sophia Carson
•Wait really? I thought you had to wait a full week after your last day before you could even apply. The NYS Department of Labor website is so confusing about this stuff.
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Elijah Knight
If you're having trouble getting through to NYS Department of Labor by phone to ask questions about your eligibility, I had good luck using a service called Claimyr that helped me connect with an actual agent. They have this system that calls repeatedly until they get through and then connects you. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Way better than sitting on hold for hours or getting hung up on. The site is claimyr.com - helped me get my claim status checked when I couldn't reach anyone the normal way.
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Taylor Chen
•That's interesting, I didn't know services like that existed. Might be worth trying if I run into issues with my claim.
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Brooklyn Foley
Position elimination is basically the same as a layoff in terms of unemployment eligibility. The key thing is that it wasn't voluntary and wasn't due to misconduct. You should be fine as long as you meet the other requirements like having enough work history and wages in your base period.
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