What happens if an employee files for unemployment benefits with NYS Department of Labor?
My husband just got laid off from his warehouse job last Friday and I'm trying to understand what happens next if he files for unemployment. This is our first time dealing with this and I'm honestly pretty confused about the whole process. Does NYS Department of Labor automatically contact his former employer? Will they investigate why he was let go? I'm worried because his supervisor mentioned something about 'restructuring' but I don't know if that affects his eligibility. How long does it typically take to get approved and start receiving benefits? Any insight would be really helpful since we have bills coming up.
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Freya Pedersen
When your husband files his initial claim with NYS Department of Labor, they will send a notice to his former employer asking them to verify his employment dates, wages, and reason for separation. The employer has 10 days to respond. If it was a layoff due to restructuring, that's typically considered a qualifying separation for unemployment benefits. The whole process usually takes 2-3 weeks for approval if there are no complications. Make sure he files as soon as possible since benefits don't backdate to when he lost his job, only to when he filed the claim.
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Ravi Gupta
•Thank you! Should he wait to file until he gets some kind of paperwork from his employer, or can he go ahead and file now?
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Omar Hassan
File immediately! Don't wait for any paperwork from the employer. NYS Department of Labor will handle getting the employment verification directly from them. The key thing is getting that claim date established. Also make sure he registers for work search requirements right away - he'll need to be looking for work and documenting it starting the week after he files.
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Chloe Anderson
•This is so important! I waited two weeks thinking I needed my final paycheck info first and lost out on two weeks of benefits because of it.
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Diego Vargas
ugh the whole system is such a pain to deal with. i went through this last year and it took FOREVER to get anyone on the phone at NYS Department of Labor when i had questions. the online system kept glitching and my claim got stuck in some kind of review process for weeks. hopefully your husband has better luck but just be prepared for lots of waiting and frustration
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CosmicCruiser
•Actually, I had a similar issue getting through to someone at NYS Department of Labor last month. A friend told me about this service called Claimyr (claimyr.com) that helps you get connected to unemployment agents by phone. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. I was skeptical at first but it actually got me through to speak with someone in about 20 minutes instead of spending hours on hold. Might be worth checking out if you run into phone issues.
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Anastasia Fedorov
Just want to add that if the employer disputes the claim for any reason, your husband will get a notice about it and may need to provide additional information or participate in a phone interview. Don't panic if this happens - layoffs due to company restructuring are almost always approved. The employer would need to prove misconduct or voluntary quit to deny benefits, which doesn't sound like the case here.
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Ravi Gupta
•That's reassuring to know. He was definitely laid off, not fired, so hopefully it should be straightforward.
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Sean Doyle
make sure he keeps good records of his job search activities too! NYS Department of Labor requires proof that hes actively looking for work. i learned this the hard way when they asked for my job search log and i had barely kept track of anything
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Diego Chavez
I went through this exact situation about 6 months ago when my company did layoffs. The NYS Department of Labor process was actually pretty smooth once I got it started. One thing I wish someone had told me upfront - when you file online, make sure to have your Social Security number, driver's license, and information about your last employer ready (company name, address, dates of employment, and your supervisor's name if you remember it). The system will ask for all of this during the initial application. Also, if your husband worked for any other employers in the past 18 months, even briefly, he'll need that information too since they calculate benefits based on your earnings history. The good news is that layoffs due to restructuring are considered "no fault" separations, so approval should be straightforward as long as everything checks out with his former employer.
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