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AstroAce

What does laid off mean for NYS Department of Labor unemployment benefits?

I keep seeing people talk about being 'laid off' when discussing unemployment claims but I'm not sure what this actually means for NYS Department of Labor purposes. My company told me they're eliminating my position due to budget cuts and my last day is next Friday. They said I should file for unemployment but didn't use the term 'laid off' specifically. Does this count as being laid off? Will it affect my eligibility for benefits? I want to make sure I understand this before I file my claim.

Yes, what happened to you is considered a layoff by NYS Department of Labor standards. A layoff means your employment ended through no fault of your own - typically due to lack of work, budget cuts, company restructuring, or business closure. This is different from being fired for misconduct or quitting voluntarily. Since your position was eliminated due to budget cuts, you should be eligible for unemployment benefits as long as you meet the other requirements like having sufficient work history and wages.

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AstroAce

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That's a relief! I was worried there might be some specific wording requirement. So I just need to select 'lack of work' when I file my initial claim?

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Exactly! When you file your claim online, you'll see options for reason of separation. 'Lack of work' covers layoffs, position eliminations, and similar situations. Make sure to keep any documentation from your employer about the layoff in case NYS Department of Labor needs verification during the adjudication process.

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Jamal Brown

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wait so if my boss just said 'we dont need you anymore' but didnt say layoff specifically that still counts??? ive been putting off filing because i wasnt sure if i qualified

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Mei Zhang

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Yes, the specific word 'layoff' doesn't matter. What matters is WHY your employment ended. If it was due to business reasons (not enough work, budget issues, company closing, etc.) rather than your performance or behavior, then it's considered an involuntary separation and you should qualify for benefits.

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I got laid off from my retail job last month when they closed our location. The whole process was pretty straightforward once I understood that 'laid off' just means involuntary job loss for business reasons. My claim was approved without any issues.

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how long did it take to get approved? still waiting on mine

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About 2 weeks total. I filed on a Tuesday and got my determination letter the following Friday.

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CosmicCaptain

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If you're having trouble getting through to NYS Department of Labor to ask questions about your specific situation, I used a service called claimyr.com that helped me connect with an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Was super helpful when I needed to clarify some details about my layoff situation.

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AstroAce

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Thanks for the suggestion! I might need to use something like that if I run into issues during the claim process.

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Just to add - being laid off is actually the 'best' reason for unemployment in terms of eligibility. Unlike quitting or being fired, there's usually no waiting period or additional requirements. You just need to meet the basic work history and wage requirements that apply to all unemployment claims.

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