When apply for unemployment - NYS Department of Labor timing questions
I'm confused about the timing for when apply for unemployment benefits through NYS Department of Labor. My last day of work was January 15th but I didn't file my claim until January 28th because I thought I might get called back. Now I'm worried I messed up the timing. Should I have filed immediately when I lost my job? Does the delay affect my benefits or claim date? I keep reading different things online about backdating and I'm not sure what applies to my situation.
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Amina Diallo
You should file as soon as you become unemployed through no fault of your own. NYS Department of Labor allows you to backdate your claim up to one week in some cases, but waiting two weeks like you did might cause issues. Your benefit year starts from when you file, not when you lost your job. You should still file now and explain the delay - they may ask for documentation about why you waited.
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Paolo Conti
•Thank you! Should I mention in my application that I was hoping to get called back? I'm worried they'll think I wasn't available for work.
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Oliver Schulz
I made the same mistake last year - waited almost a month because I thought my layoff was temporary. NYS Department of Labor approved my claim but I lost those weeks of benefits. The rule is you need to file within the first week of unemployment to get full benefits. You can try requesting backdating but it's not guaranteed. The key is being honest about why you delayed filing.
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Natasha Kuznetsova
•wait so if you file late you just lose those weeks completely?? that seems really unfair
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Oliver Schulz
•Unfortunately yes, unless you have a valid reason for the delay that NYS Department of Labor accepts. Being told you might get called back usually isn't considered valid.
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AstroAdventurer
I had terrible luck trying to reach NYS Department of Labor about timing issues on my claim. Kept getting busy signals and when I finally got through they couldn't give me a straight answer. Found this service called Claimyr (claimyr.com) that actually got me connected to a real person at NYS Department of Labor within minutes. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling.
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Javier Mendoza
•How much does something like that cost? Seems like we shouldn't have to pay extra just to talk to our own state agency.
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AstroAdventurer
•I get the frustration but honestly it was worth it for me. The peace of mind knowing I could actually get answers about my claim timing was huge.
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Emma Wilson
The NYS Department of Labor system is so backwards about this stuff! They expect you to know exactly when to file but don't make the rules clear anywhere. I filed three days late and lost a whole week of benefits - $450 down the drain because their website was confusing.
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Malik Davis
•same here, lost money because of their stupid timing rules
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Amina Diallo
For anyone else reading this - the general rule is file immediately when you become unemployed. Don't wait to see if you'll get called back or find another job quickly. You can always stop claiming if your situation changes, but you can't usually get back those lost weeks if you file late.
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Tyrone Hill
This is exactly why I wish NYS Department of Labor would send out clearer guidance when people get laid off or terminated. So many of us make the same mistake of waiting because we think the situation might be temporary. @Paolo Conti - definitely be honest about waiting to see if you'd get called back, but also emphasize that you were ready and available for work during that time. Sometimes they're more understanding if you can show you were actively job searching even while hoping to return to your previous employer. The worst thing you can do is not file at all, so you're still better off than if you'd waited even longer.
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