When can I apply for unemployment benefits with NYS Department of Labor?
Just got laid off yesterday from my restaurant job and I'm not sure when I can actually file for unemployment. I heard you have to wait a certain amount of time but I really need to get this process started ASAP since I have rent due next week. Do I apply right away or is there a waiting period? Also confused about whether I need to have worked a certain number of months to qualify. Any help would be appreciated!
18 comments


Anthony Young
You can file your initial claim immediately - there's no waiting period to apply! The sooner you file, the better because your benefit year starts from when you file, not when you lost your job. You'll need to have worked at least 2 quarters in your base period and earned enough wages to qualify. Go to labor.ny.gov and start your application today.
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Aurora Lacasse
•Thanks! I've been working full time for about 8 months so I think I should qualify. Going to start the application right now.
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PixelPioneer
You can file your initial claim the week you become unemployed, but not before your last day of work. NYS Department of Labor eliminated the unpaid waiting week in 2021, so you'll get paid for your first week if you're eligible. File as soon as possible after your last day - the sooner you file, the sooner your claim gets processed.
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Yara Abboud
•Thanks! So if my last day is Friday, I can file that same day or wait until the weekend?
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Keisha Williams
File immediately after your last day of work. Don't wait around thinking about it. The NYS Department of Labor system can take time to process everything and you want to get in the queue as fast as possible. Make sure you have your employer info, Social Security number, and employment dates ready when you file online.
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Paolo Rizzo
•this is good advice, i waited like 3 days after getting fired and regretted it because my claim took forever
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Charlotte White
yeah file asap but dont expect money right away, took me like 3 weeks to see anything and thats if everything goes smooth with no issues
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Amina Sy
I was having trouble getting through to NYS Department of Labor on the phone to ask questions about when to file. Found this service called Claimyr (claimyr.com) that helps you get connected to actual agents faster. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped me get my timing questions answered without sitting on hold for hours.
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Oliver Fischer
•Never heard of that but honestly anything is better than trying to call NYS Department of Labor directly. Those phone lines are impossible.
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Natasha Ivanova
wait theres no waiting week anymore?? when did that change because i swear when my cousin filed in 2019 she had to wait
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PixelPioneer
•Yes, NYS eliminated the waiting week in March 2021. Before that you had to serve one unpaid week before benefits started. Now you get paid for your first eligible week.
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NebulaNomad
Just make sure you're actually eligible before filing. NYS Department of Labor has specific rules about why you lost your job. If you got fired for misconduct or quit voluntarily, you might not qualify. But if you're getting laid off that should be fine.
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Admin_Masters
The key thing is getting your application in as soon as possible after job separation. NYS Department of Labor processes claims based on when you file, not when you became unemployed. You'll need your Social Security number, employment history for the last 18 months, and reason for separation. If you were laid off due to lack of work, that's typically a straightforward approval process.
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Matthew Sanchez
•What if I was let go for performance issues? Does that disqualify me from getting benefits?
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Admin_Masters
•Performance issues don't automatically disqualify you unless it rises to the level of misconduct. NYS Department of Labor will review the circumstances and make a determination during adjudication.
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Ella Thompson
I had trouble getting through to NYS Department of Labor when I needed to check on my application status. Kept getting busy signals and disconnected calls. Someone on here mentioned using Claimyr to help get through to an actual agent - you can check out their site at claimyr.com and they have a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Ended up saving me a lot of frustration trying to reach someone.
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Aurora Lacasse
•Interesting, never heard of that service before. Might be worth checking out if I run into issues.
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JacksonHarris
Just a heads up - make sure you keep filing your weekly claims even while your initial application is being processed! I made the mistake of thinking I didn't need to do that and it delayed my payments by another week.
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