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TillyCombatwarrior

When can someone file for unemployment benefits with NYS Department of Labor?

I'm trying to help my sister figure out the timing for filing her unemployment claim. She got laid off from her retail job yesterday but isn't sure if she should file right away or wait. I've heard different things about when you're supposed to file - some people say file immediately, others say wait until your last day of work. What's the actual rule for when someone can file for unemployment with NYS Department of Labor? Also does it matter if you got severance pay or if your employer is giving you a few weeks notice? Just want to make sure she doesn't mess up the timing and lose out on benefits.

Anna Xian

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You should file for unemployment benefits as soon as you become unemployed or have your hours significantly reduced. In New York, you can file your claim the day after your last day of work. Don't wait! The sooner you file, the sooner your claim can be processed. Your benefit year starts the week you file, not when you actually become unemployed. If she got severance, she'll need to report that when filing - it might delay when benefits start but won't prevent her from filing the claim itself.

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Thanks! So even if she got 2 weeks severance she should still file right away? I wasn't sure if the severance would disqualify her completely.

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wait I thought you had to be unemployed for a week before you could file?? I've been putting off filing mine because I thought there was some waiting period. Now I'm confused about when I should have filed...

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Anna Xian

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There's no waiting period to FILE your claim. You can file immediately after becoming unemployed. There IS a waiting week for benefits - meaning you won't get paid for your first week of unemployment - but you still need to file that week to start the process.

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Rajan Walker

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I had such a hard time getting through to NYS Department of Labor when I filed last year. Took me weeks of calling just to ask basic questions about my claim status. Recently found this service called Claimyr (claimyr.com) that actually gets you connected to a real person at the unemployment office. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Wish I had known about it back then - would have saved me so much frustration trying to reach someone.

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How much does something like that cost though? I'm already unemployed so not looking to spend a bunch of money just to talk to someone.

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Rajan Walker

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It's worth checking out their site for the details, but honestly the time it saved me was invaluable compared to spending hours on hold every day.

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The key thing is don't delay filing! I made that mistake and lost out on benefits for the weeks I waited. In NY you can file online through ny.gov which is usually faster than calling. Make sure your sister has her social security number, driver's license, and employment history ready. She'll need to know her last employer's info including their address and phone number.

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Perfect, I'll tell her to gather all that info and file online tomorrow. Really appreciate everyone's help!

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Ev Luca

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just file asap dont overthink it. the system is confusing enough without worrying about perfect timing

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