What is the requirement for unemployment benefits in NY - confused about eligibility rules
I just got laid off from my marketing job last week and I'm trying to figure out if I qualify for unemployment benefits through NYS Department of Labor. I worked there for about 8 months but before that I was freelancing for like 6 months. I'm really confused about all the requirements - do I need to have worked a certain amount of time? What about the earnings requirement? And I keep seeing stuff about being able and available for work - what does that actually mean? I tried looking on the my.ny.gov website but it's kind of overwhelming with all the technical language. Can someone break down what the basic requirements are for getting unemployment benefits in NY?
13 comments


Zara Rashid
The main requirements for NYS unemployment benefits are: 1) You must have worked and earned wages in at least 2 quarters during your base period (usually the first 4 of the last 5 completed calendar quarters), 2) You must have earned at least $2,600 in your highest quarter, 3) Your total base period wages must be at least 1.5 times your highest quarter earnings, 4) You must be unemployed through no fault of your own, 5) You must be physically able to work, available for work, and actively seeking work. Since you worked 8 months at your marketing job, you should meet the work requirements as long as you earned enough.
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Sean Doyle
•Thanks! So the freelancing work before my marketing job - does that count toward the earnings requirement or only W-2 employment?
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Luca Romano
freelance work usually doesn't count unless you paid into unemployment insurance on it which most freelancers dont. but your 8 months at the marketing job should be enough if you made decent money there
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Sean Doyle
•Yeah I was making $4,800 a month there so that should definitely meet the earnings requirement. Good to know about the freelance work not counting.
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Nia Jackson
One thing to watch out for - when you file your claim, NYS Department of Labor will look at why you became unemployed. If you were laid off due to lack of work or company downsizing, that's good. But if you were fired for misconduct or quit without good cause, you could be disqualified. Also, once you start receiving benefits, you have to file weekly claims and report any work you do, even part-time or temporary work. The job search requirement is 3 work search activities per week.
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Sean Doyle
•It was definitely a layoff - they cut like 30% of the marketing department. What counts as a work search activity?
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Nia Jackson
•Work search activities include applying for jobs, attending job fairs, networking events, interviews, creating or updating your resume with a career counselor, contacting employers directly about openings. You need to keep a log of all your activities with dates and details.
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NebulaNova
ugh the whole process is such a nightmare. I've been trying to get through to someone at NYS Department of Labor for weeks about my claim being stuck in adjudication and can never get through on the phone. The website is confusing and half the time it doesn't work properly. If you qualify though the money helps a lot - I think the max is like $504 a week now
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Mateo Hernandez
•I had the same problem reaching NYS Department of Labor by phone until someone told me about Claimyr. It's a service that helps you get through to actual agents - check out claimyr.com. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me so much frustration when my claim had issues.
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NebulaNova
•Never heard of that but honestly anything is better than sitting on hold for hours just to get disconnected. I'll check it out.
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Aisha Khan
Just want to add that if you have any issues with your application being denied or if they say you don't meet the requirements, you can appeal the decision. I had to appeal when they initially said I didn't have enough earnings but I won the appeal. The key is having all your pay stubs and documentation ready.
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Sean Doyle
•Good to know! I saved all my pay stubs so I should be covered there. Hopefully I won't need to appeal but it's reassuring to know that's an option.
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Fatima Al-Rashid
One more tip - when you file your initial claim, make sure to have your Social Security number, driver's license, and employment history for the last 18 months ready. You'll also need your employer's information including their address and the reason you're no longer working there. The system will ask for your last day worked and last day paid (these might be different if you got severance or vacation payout). Also, file your claim as soon as possible after becoming unemployed - there's no waiting period in NY to file, and you can't get benefits for weeks before you file your claim, even if you were eligible.
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