When do you need to file for unemployment with NYS Department of Labor - confused about timing
I'm really confused about the timing for filing unemployment claims. My last day of work was January 10th and I keep seeing different information online about when exactly I should file. Some sources say file immediately, others say wait until after your last paycheck. I got my final paycheck yesterday (January 15th) and I'm wondering if I should have already filed or if I should file now? Also does it matter if I file on a weekend or do I need to wait for a business day? I don't want to mess this up and delay my benefits. Can someone explain the actual rules for when you need to file for unemployment in New York?
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Tyrone Johnson
You should file as soon as you become unemployed, which means right after your last day of work. In your case, you should have filed on January 11th (the day after your last work day). The NYS Department of Labor processes claims based on when you file, not when you receive your final paycheck. Filing late can delay your benefits because there's a waiting week, and your benefit year starts from when you file. You can file online 24/7 through the my.ny.gov portal, so weekends are fine.
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Gabrielle Dubois
•Oh no, so I'm already 5 days late filing? Will this affect my benefit amount or just delay when I start receiving payments?
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Ingrid Larsson
File ASAP! I made the same mistake and waited almost 2 weeks thinking I needed to wait for my final check. The NYS Department of Labor told me I lost those weeks of potential benefits because you can't backdate claims except in very specific circumstances. Go to my.ny.gov right now and start the application process. You'll need your social security number, employment history for the last 18 months, and reason for separation from your job.
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Carlos Mendoza
•Wait, I thought there was a one week waiting period anyway so it doesn't matter when you file in the first week?
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Ingrid Larsson
•The waiting week is separate from when you file. If you file late, you lose those weeks entirely - they don't count toward your benefit year at all.
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Zainab Mahmoud
been through this nightmare with NYS Department of Labor before and their phone system is IMPOSSIBLE to reach when you have questions about timing. spent 3 hours on hold last time just to get disconnected. the whole system is designed to make you give up. but yeah file immediately when you lose your job dont wait for anything
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Ava Williams
•If you're having trouble reaching NYS Department of Labor by phone, I had success using a service called Claimyr that helped me get through to an actual agent. They have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling and redialing. Check out claimyr.com - it was super easy to use and I got through to someone within 20 minutes to ask about my claim timing issues.
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Raj Gupta
omg same situation happened to me last month!! i was so stressed about the timing thing. i filed like 4 days after my last day and everything worked out fine. just make sure you have all your employer info ready when you file - they ask for A LOT of details about your previous jobs
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Lena Müller
The general rule is file the day after your last day of work or as soon as you know you'll be unemployed. For layoffs with advance notice, you can sometimes file before your last day if you have a specific end date. But in most cases like yours where you're already separated, file immediately. The my.ny.gov system will walk you through everything step by step.
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Ava Garcia
I went through this exact same confusion when I lost my job last year! The key thing to remember is that your benefit year starts from when you file, not when you became unemployed. Since you're already 5 days past your last work day, definitely file today - don't wait any longer. I made the mistake of overthinking it and lost a whole week of potential benefits. The online system at my.ny.gov is actually pretty straightforward once you get started. Just have your Social Security number, driver's license, and employment history ready. The sooner you file, the sooner your waiting week starts counting down. Good luck!
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Emma Davis
•Thanks for sharing your experience! I'm definitely going to file today - you're right about not overthinking it. Quick question though - when you say the waiting week starts counting down, does that mean I'll still have to wait a full week from when I file before getting any payments? Or since I've already been unemployed for 5 days, would that count toward the waiting period?
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