When can you file for unemployment after being laid off - NYS Department of Labor timing question
Got laid off from my marketing job yesterday (budget cuts, whole department eliminated). I know I should file for unemployment but I'm not sure about the timing. Can I file immediately or do I need to wait? Also heard something about a waiting week but not sure if that's still a thing. My last day was actually Friday but they're paying me through today. Should I wait until after my final paycheck clears or can I start the process now? Really stressed about this whole situation and don't want to mess up the filing.
14 comments


Dylan Mitchell
You can file immediately! NYS Department of Labor actually recommends filing as soon as possible after your last day of work. There's no waiting period to file your initial claim. The sooner you file, the sooner your claim can be processed. Your benefit year will start from when you file, not when you were laid off.
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Fatima Al-Suwaidi
•Thanks! So even though they're paying me through today I can still file? Won't that mess up my claim somehow?
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Sofia Morales
File right away but make sure to report any severance pay or final wages when you do your weekly claims. NYS Department of Labor needs to know about all income during the weeks you're claiming benefits. The system will adjust your benefits accordingly if you received pay for specific weeks.
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Dmitry Popov
•This is super important! I made the mistake of not reporting some final pay and ended up with an overpayment notice months later.
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Ava Garcia
Wait I thought there was still a one week waiting period? Or did they get rid of that completely? I filed last year and had to wait but maybe things changed??
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Dylan Mitchell
•NYS eliminated the waiting week permanently in 2021. You can receive benefits for your first eligible week now. Just make sure to file promptly and complete your weekly claims on time.
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StarSailor}
I was in a similar situation last month - laid off due to company restructuring. Filed the same day and had benefits approved within a week. Just be ready with your employer info, social security number, and employment history for the past 18 months. The online application on my.ny.gov is pretty straightforward but if you run into issues calling NYS Department of Labor can be a nightmare with the wait times.
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Fatima Al-Suwaidi
•How long did it take to get your first payment? I'm worried about covering rent next month.
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StarSailor}
•About 10 days from filing to first payment, but I had a straightforward case with no issues. If there are any problems with your application it can take longer for adjudication.
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Miguel Silva
If you're having trouble getting through to NYS Department of Labor by phone (which is super common), I found this service called Claimyr that actually helps you reach an agent. They basically call for you and get you connected. Check out claimyr.com - they even have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of trying to get through on my own when I had questions about my claim status.
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Ava Garcia
•Never heard of this but honestly anything beats sitting on hold for 3 hours just to get disconnected. Might check it out if I have issues with my claim.
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Zainab Ismail
File ASAP! And start keeping track of your job search activities immediately too. NYS Department of Labor requires you to search for work and keep a log starting with your first week of benefits. Don't wait to start looking just because you're getting unemployment - they can audit your job search records.
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Fatima Al-Suwaidi
•Good point about the job search requirement. How many jobs do I need to apply to each week?
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Zainab Ismail
•I believe it's 3 job search activities per week but check the current requirements when you file. Activities can include applying, networking events, or updating your LinkedIn profile.
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