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Liam Murphy

What do I need from my employer to file for unemployment with NYS Department of Labor?

I'm about to lose my job next week and need to know exactly what documents I'll need from my employer to file my unemployment claim. My boss said they'll give me whatever paperwork I need but I want to make sure I ask for the right stuff. I've never filed for unemployment before and don't want to mess anything up. What specific information or forms should I request from them before my last day?

You'll need your separation notice (form IA 12.3) which shows your last day worked and reason for separation. Also get your final pay stub showing your last wages and any vacation/sick pay. Make sure the separation notice has the correct reason - if you were laid off, it should say layoff not termination for cause. Your employer is required to give you the separation notice.

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Thanks! Do I need anything else besides the separation notice and final pay stub? What about my W-2 from last year?

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dont forget to get a letter stating your wages for the past 18 months if you worked there that long. sometimes the separation notice doesnt have all the wage info you need

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Actually, you don't need your W-2 for filing. The NYS Department of Labor will verify your wages through their quarterly wage reporting system. What's most important is the separation notice (IA 12.3 form) and making sure the reason for separation is accurate. If you were laid off due to lack of work, that's what should be on the form. If there's any dispute about the reason, you can appeal during the adjudication process.

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This is so helpful! I had no idea they could verify wages automatically. Does this mean I can file my claim right away or do I have to wait for the separation notice?

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I went through this last year and it was a nightmare trying to reach someone at NYS Department of Labor when my employer put the wrong separation reason. I kept calling but could never get through. Finally found this service called Claimyr (claimyr.com) that actually got me connected to a real person at the unemployment office. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Saved me weeks of trying to call on my own.

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How much does something like that cost? I'm already stressed about money.

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I was worried about cost too but it was worth it to get my claim straightened out quickly. They focus on getting you connected rather than charging a lot. Check out their site for details.

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Make sure you file your claim the week you become unemployed, not before! I made that mistake and it delayed everything. Also keep copies of everything your employer gives you because you might need them later if there are any questions about your claim.

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ugh the whole unemployment system is such a mess. my employer "forgot" to give me my separation notice and then claimed i quit when i was actually laid off. took months to get it sorted out. definitely get everything in writing before you leave!

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Oh no, that sounds awful! I'll make sure to get everything before I walk out the door.

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One thing I'd add is to also ask for documentation of any benefits you were receiving (health insurance, retirement contributions, etc.) and when they'll end. This info isn't needed for your unemployment claim but will be crucial for your COBRA election and other transition planning. Also, if you had any unused PTO or vacation days, make sure that payout is clearly documented on your final pay stub since that can affect your benefit calculation timing.

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