When to file unemployment after layoff - NYS Department of Labor timing question
Got laid off from my manufacturing job yesterday and I'm not sure about the timing for filing my unemployment claim. Should I file with NYS Department of Labor immediately or wait until my last paycheck clears? My supervisor said something about waiting but I don't want to miss any benefits I'm entitled to. Also worried about whether I need to use up my vacation time first or if I can save it. Anyone know the exact rules about when to file after a layoff?
10 comments


Yuki Watanabe
File immediately! There's no waiting period required in NY and your benefit year starts when you file, not when you were laid off. You can receive unemployment benefits even if you have vacation pay coming, as long as you're available for work. The NYS Department of Labor processes claims based on when you file, so don't delay.
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Ethan Campbell
•Thanks! I'll file today then. Do I need any specific paperwork from my employer or can I just start the application online?
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Carmen Sanchez
i waited like 2 weeks after my layoff and it was fine, they just backdated everything. but yeah probably better to file right away
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Andre Dupont
File as soon as possible through the NYS Department of Labor website. You'll need your Social Security number, driver's license, and employment information for your last employer. The system will walk you through everything. Important: your waiting week is the first week you file, so filing early means you start earning benefits sooner.
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Zoe Papadakis
•Wait, what's a waiting week? I thought NY eliminated that? I'm so confused about all these unemployment rules.
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Andre Dupont
•You're right, NY did eliminate the waiting week! My mistake - that's old information. You can receive benefits starting with your first eligible week now.
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ThunderBolt7
I had trouble getting through to NYS Department of Labor when I filed last year - their phone lines are always jammed and their website would crash during busy periods. If you run into issues reaching them, I found this service called Claimyr that helped me get through to an actual agent. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of frustration trying to get my claim sorted out.
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Ethan Campbell
•Good to know there's a backup option if I can't get through. Hopefully the online filing goes smoothly but I'll keep that in mind.
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Jamal Edwards
File immediately but be prepared for delays if your employer contests the claim. My company tried to fight my unemployment after they laid me off, claiming it was performance related. Took three months to resolve through appeals but I eventually got all my back pay. The NYS Department of Labor adjudication process can be slow.
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Mei Chen
Same thing happened to me - filed the day after my layoff and had benefits within two weeks. Just make sure you have all your employment dates and salary info ready when you apply.
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