When can u get unemployment benefits from NYS Department of Labor - confused about eligibility
hey everyone, i'm really confused about when exactly you can actually get unemployment benefits in NY. i just got laid off from my restaurant job last week and idk if i qualify or what the requirements are. like do you have to work a certain amount of time first? my manager said something about base period but i have no idea what that means. also heard you cant get it if you quit but what if you get fired for something stupid? sorry for all the questions but the NYS Department of Labor website is confusing as hell and i really need to know if i should even bother applying
10 comments


Lucy Taylor
You can qualify for unemployment benefits in NY if you meet the base period requirements and are unemployed through no fault of your own. The base period is typically the first four of the last five completed calendar quarters before you file your claim. You need sufficient wages during this period - generally at least $2,600 in one quarter and total wages of at least 1.5 times your highest quarter. Being laid off definitely qualifies, but getting fired for misconduct might disqualify you.
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Isaac Wright
•ok so if i worked at this place for like 8 months making decent money i should be good? and what counts as misconduct exactly?
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Connor Murphy
The misconduct thing is tricky. NYS Department of Labor looks at whether you were fired for willful behavior that violated company policy. Being late a few times or making honest mistakes usually won't disqualify you, but stealing or fighting definitely will. If you're unsure, you should still apply - they'll investigate and make a determination.
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Isaac Wright
•thats good to know, i was just late sometimes but nothing major. should i apply right away or wait?
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KhalilStar
Apply ASAP! There's a waiting week before benefits start and the process can take time especially if your claim goes into adjudication. You can apply online through my.ny.gov or by calling the NYS Department of Labor. You'll need your Social Security number, employment history for the last 18 months, and reason for job separation. Don't wait - benefits are calculated from when you file, not when you became unemployed.
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Amelia Dietrich
ugh the whole system is such a nightmare. took me THREE WEEKS to get through to anyone when my claim got stuck in adjudication last year. make sure you have ALL your paperwork ready because they'll ask for everything twice
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Kaiya Rivera
•If you're having trouble reaching the NYS Department of Labor by phone, there's actually a service called Claimyr that helps you get through to agents. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. I used it when my claim was stuck and finally got answers about my adjudication status.
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Katherine Ziminski
Just to add - you also have to be able and available for work and actively looking. That means registering with the job search system and documenting your search activities. The job search requirement is 3 work search activities per week unless you're on standby with your employer.
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Isaac Wright
•wait what do you mean standby? like if they might call me back?
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Noah Irving
Yeah standby is when your employer gives you a specific return-to-work date within 30 days. Then you don't have to do the job search stuff but you still have to file weekly claims and be available if they call you back sooner.
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