Seasonal unemployment results when demand for labor varies - will I qualify for NYS Department of Labor benefits during off-season?
I work in construction and every winter the demand for labor drops way down, basically resulting in unemployment for most of us until spring projects start up again. This seasonal pattern happens every year - we're busy from March through November, then things slow down dramatically. I've been with the same company for 3 years but they always lay us off December through February. Will I qualify for NYS Department of Labor unemployment benefits during these seasonal layoffs? I'm worried they'll say I should have expected this and deny my claim. Has anyone dealt with seasonal work and gotten approved for UI benefits?
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Daniel Washington
Yes, seasonal workers can definitely qualify for unemployment benefits in New York! The key is that you have to be genuinely unemployed through no fault of your own. Seasonal layoffs absolutely count. When you file your claim, make sure to clearly indicate that this is a temporary layoff due to lack of work, not a voluntary separation. You'll still need to meet the job search requirements during your claim period unless you have a definite return-to-work date with your employer.
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Lauren Zeb
•That's a relief! Do I need to actively look for other construction jobs during winter, or can I just wait for my company to call me back in March?
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Daniel Washington
•You still need to conduct an active job search unless you have a specific return date in writing from your employer. The NYS Department of Labor requires you to make at least 3 job contacts per week and keep a log of your search activities.
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Aurora Lacasse
Same exact situation here - landscaping company lays everyone off mid-December through March. I've been collecting unemployment during winter months for the past 4 years without any issues. Just make sure you file your weekly claims on time and report any odd jobs or day work you might pick up during the off season.
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Lauren Zeb
•Good to know! Did you ever have problems with adjudication or did your claims go through pretty smoothly?
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Anthony Young
If you're having trouble getting through to NYS Department of Labor on the phone to ask questions about your seasonal claim, I had good luck using Claimyr recently. It's at claimyr.com and they help you actually reach a live agent instead of getting stuck in the phone queue for hours. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped me get my questions answered about my claim status when the regular phone lines weren't working.
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Charlotte White
•Interesting, never heard of that service before. Did they charge you anything for it?
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Anthony Young
•They do charge but it was worth it to actually talk to someone at NYS Department of Labor instead of calling 50 times and getting hung up on.
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Admin_Masters
The unemployment system is SO FRUSTRATING for seasonal workers! They act like we chose to be unemployed when really the whole industry just shuts down. Last year my adjudication took 6 weeks because they kept asking for more documentation about why I was laid off. Like, it's WINTER and I work OUTDOORS, what do you think happened??
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Matthew Sanchez
•I feel your pain but hang in there. The adjudication process can be slow but as long as you have your layoff documentation from your employer you should be fine. Seasonal unemployment is pretty common and they do approve these claims.
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Ella Thompson
just went through this last month, got approved no problem. make sure you have your employer fill out the separation form correctly showing lack of work not misconduct or anything like that
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Carmen Flores
I've been working seasonal construction for about 8 years now and can confirm that seasonal workers absolutely qualify for unemployment benefits in New York. The key thing is to make sure your employer properly documents the layoff as "lack of work" rather than any other reason. I usually file my claim the week I get laid off in December and have never had major issues getting approved. One tip - if you know approximately when you'll be called back to work, mention that in your claim but don't give a specific date unless your employer puts it in writing. The NYS DOL understands seasonal patterns in industries like construction, landscaping, and tourism. Just be honest about your situation and keep up with the weekly certifications!
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Laura Lopez
•This is really helpful advice! I'm new to seasonal work and wasn't sure how the whole process worked. Do you usually apply for benefits right when you get the layoff notice, or do you wait until your last day of work? Also, when you mention keeping up with weekly certifications - is that something you do online or do you have to call in?
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