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Klaus Schmidt

What is separation date unemployment - NYS Department of Labor asking for this info?

I'm filling out my unemployment application and NYS Department of Labor keeps asking for my 'separation date' but I'm not sure what to put. I got laid off from my construction job on December 15th but my last day of work was actually December 12th because we finished the project early. Which date should I use for the separation date? This is confusing because I also had some vacation pay that got paid out after my last work day. Don't want to mess this up and delay my claim.

Aisha Patel

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The separation date should be your actual last day of work, so December 12th in your case. The vacation payout doesn't change your separation date since that's just compensation for earned time off. NYS Department of Labor uses this date to determine when your benefit year starts and calculate your waiting week.

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Klaus Schmidt

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Thanks! So even though I officially got laid off on the 15th, I should put the 12th as my separation date?

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LilMama23

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yeah i had the same thing happen last year, use your last work day not when they told you about the layoff

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Dmitri Volkov

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Actually this can get tricky with construction work. If you were on a project basis, NYS Department of Labor might consider your separation date differently. I'd recommend calling them to clarify because I've seen claims get held up in adjudication over separation date confusion. The phone lines are usually jammed though - I recently found this service called Claimyr at claimyr.com that helped me get through to an actual NYS Department of Labor agent when I couldn't reach them myself. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works.

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Wait, so the separation date could affect adjudication? I thought it was just for paperwork purposes. Now I'm worried I put the wrong date on mine...

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Dmitri Volkov

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It can definitely affect your claim timing and benefit calculations. If you're unsure, it's worth getting clarification directly from NYS Department of Labor rather than guessing.

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Don't overthink it too much. I work in HR and deal with unemployment claims all the time. For most people, separation date = last day you performed work duties. The vacation payout is separate and shouldn't factor into this date. NYS Department of Labor will ask for your employer's separation reason separately anyway.

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Klaus Schmidt

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That makes sense. I'll go with December 12th then. Appreciate the help from someone who deals with this professionally!

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ugh the unemployment system is so confusing with all these different dates they want. separation date, filing date, benefit year begin date... why can't they just make it simple??

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I remember being confused about this too when I filed. The separation date is important because it affects when your benefit year starts and how they calculate your base period wages. Getting it wrong could delay your first payment or mess up your benefit amount calculation.

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Yuki Sato

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I went through this same situation a few months ago when I was laid off from my warehouse job. The key thing to remember is that the separation date should match what your employer reports to NYS Department of Labor - they get a copy of your claim and can dispute if the dates don't align. If you're unsure, check your final paystub or any layoff paperwork they gave you, as it usually shows your last work day. December 12th sounds right based on what you described, but definitely keep any documentation just in case they ask for verification later.

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Miguel Silva

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This is really good advice about making sure the dates match what your employer reports! I didn't even think about that potential issue. Do you know what happens if there's a discrepancy between what I put and what my employer reports to NYS Department of Labor? Would that automatically trigger some kind of review or delay?

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