When is it too late to file for unemployment - NYS Department of Labor deadline rules?
I lost my job back in September but didn't think I'd qualify for unemployment because I was let go during my probationary period. Now it's been almost 4 months and I'm still struggling to find work. I keep seeing conflicting info online about deadlines for filing. Does NYS Department of Labor have a cutoff date where it's literally too late to apply? I'm worried I've already missed my window and screwed myself over by waiting this long.
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Connor Murphy
You can still file but there are some important timing rules to know. NYS Department of Labor allows you to backdate your claim up to 28 days from when you file, but beyond that you'll lose those weeks of benefits permanently. So if you file today, you could potentially get benefits going back 4 weeks maximum. The bigger issue is that unemployment benefits are only available for 26 weeks total, so the longer you wait, the less time you have left to collect even if approved.
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Zainab Omar
•Wait so if I file now I can only get 4 weeks backdated? That means I lost like 12+ weeks of potential benefits just by waiting?
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Yara Sayegh
File immediately! Don't wait another day. The 28-day backdate rule is real but you're also burning through your total benefit weeks. Plus if there are any issues with your claim that require adjudication, that process can take weeks or even months. Better to get the process started now rather than lose even more time.
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NebulaNova
•This is so stressful, I had no idea there were all these deadline rules with unemployment claims.
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Keisha Williams
I was in a similar boat last year - waited 2 months to file because I thought I wouldn't qualify either. Biggest mistake ever. When I finally did file through the my.ny.gov portal, I could only get benefits going back those 28 days. Lost out on like $2400 in benefits I could have gotten if I'd filed right away. The NYS Department of Labor doesn't care why you waited, the rules are the rules.
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Zainab Omar
•Ugh that's exactly what I was afraid of. Do you remember how long the whole approval process took once you finally filed?
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Keisha Williams
•About 3 weeks for me, but I know some people wait much longer if they get stuck in adjudication for any reason.
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Paolo Conti
Just wanted to mention that I had trouble getting through to NYS Department of Labor by phone when I had questions about my delayed filing. Kept getting disconnected or put on hold for hours. Eventually used this service called Claimyr (claimyr.com) that helped me actually reach an agent - they have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth checking out if you need to talk to someone directly about your specific situation.
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Amina Diallo
•Never heard of that service but anything that helps you actually talk to a real person at NYS Department of Labor sounds useful. Their phone system is absolutely terrible.
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Oliver Schulz
probationary period thing shouldnt matter for UI eligibility btw, its more about whether you worked long enough and earned enough wages in your base period
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Connor Murphy
That's correct - being in a probationary period when terminated doesn't automatically disqualify you from unemployment benefits. What matters is your work history over the past 18 months and whether you were terminated for misconduct or quit voluntarily. If you were laid off or terminated without cause, you should be eligible regardless of probationary status.
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