When is an employee eligible for unemployment benefits through NYS Department of Labor?
I've been working for my company for about 8 months now and I'm worried they might be laying people off soon. I've never applied for unemployment before and honestly have no idea what the requirements are. When exactly does someone become eligible for unemployment benefits? Do you have to work a certain amount of time first? What if you get fired vs laid off - does that matter? I'm trying to understand this before I potentially need it.
9 comments


Fernanda Marquez
Good question! For NYS Department of Labor unemployment eligibility, you need to meet a few basic requirements. First, you must have worked and earned wages in at least two quarters during your base period (usually the first 4 of the last 5 completed calendar quarters). Second, you must have earned at least $2,600 total during your base period. Third, you must be unemployed through no fault of your own - meaning laid off, reduced hours, or fired for reasons other than misconduct. You also need to be able and available to work and actively seeking employment.
0 coins
Aidan Percy
•Thanks! So if I've been working 8 months I should meet the work requirement? And what counts as misconduct exactly?
0 coins
Norman Fraser
The 8 months should be fine as long as you were earning decent wages. For misconduct, NYS Department of Labor looks at things like stealing, repeated tardiness after warnings, insubordination, or violating company policies. Getting laid off due to lack of work or company downsizing definitely qualifies you. Even some firings can qualify if it wasn't for serious misconduct.
0 coins
Kendrick Webb
•this is why i hate the system, they make it so confusing on purpose
0 coins
Hattie Carson
I had trouble getting through to NYS Department of Labor when I needed to check my eligibility status last year. Kept getting busy signals and their online chat was always full. Finally used this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made the whole process way less stressful than trying to call for hours.
0 coins
Destiny Bryant
•How much does something like that cost though? I'm already worried about money if I lose my job.
0 coins
Hattie Carson
•It was worth it for me to get answers quickly rather than stress about it for weeks, but I understand everyone's situation is different.
0 coins
Dyllan Nantx
Also remember you have to file your weekly claims every week and do job searches! NYS Department of Labor requires 3 job search activities per week. Keep detailed records because they do audits sometimes.
0 coins
TillyCombatwarrior
just make sure you apply right away if you do lose your job, there's a waiting week and it takes time to process everything
0 coins