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Lucas Lindsey

When do you claim unemployment - NYS Department of Labor timing rules?

I'm confused about the timing for filing unemployment claims with NYS Department of Labor. My last day of work was December 15th but I didn't file right away because I thought I might get called back. Now it's been over two weeks and I'm wondering if I waited too long? Can you still claim unemployment if you don't file immediately after losing your job? What's the deadline for filing with NYS Department of Labor?

Sophie Duck

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You should file as soon as possible after becoming unemployed. NYS Department of Labor allows you to backdate your claim up to one week, but you can't get benefits for weeks you didn't claim. The sooner you file, the sooner your waiting week starts and you can begin receiving payments.

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Lucas Lindsey

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So I can still file now even though it's been over 2 weeks? Will I lose those weeks of benefits?

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File immediately! You're right that you can't get retroactive benefits for weeks you didn't file. Go to my.ny.gov and start your initial claim today. Make sure you have your last employer info, social security number, and bank account details for direct deposit ready.

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Anita George

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this is correct, i waited 3 weeks to file and lost those benefit weeks completely

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Wait I'm confused - don't you have to wait until you're sure you won't get called back to work? I thought filing unemployment while you might return was fraud or something??

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Sophie Duck

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No, that's a common misconception. If you're laid off or terminated, you should file right away. If you get called back to work, you simply stop claiming weekly benefits. The NYS Department of Labor understands that employment situations can change.

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Logan Chiang

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I had trouble reaching NYS Department of Labor when I had questions about my claim timing. Kept getting busy signals and disconnected calls. Finally used a service called Claimyr (claimyr.com) that got me through to an actual agent who explained everything. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped me understand the filing deadlines.

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Lucas Lindsey

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Thanks for the tip! I'll check that out if I can't get through to NYS Department of Labor directly.

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Isla Fischer

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The whole system is designed to make you lose benefits! They don't clearly explain when to file and then penalize you for not knowing their arbitrary rules. Classic NYS Department of Labor bureaucracy.

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While the system can be frustrating, the rules are actually posted on their website. The key is filing as soon as you become unemployed through no fault of your own.

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same boat here, got laid off right before christmas and didn't file until after new years thinking it would be weird to file during holidays

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