Where do I file unemployment if I live and work in different places - NYS Department of Labor question
I'm really confused about where I'm supposed to file my unemployment claim. I live in one state but work in another state. Do I file with NYS Department of Labor or the state where I live? I've been getting different answers from people and I don't want to mess this up. My job is in New York but I commute from out of state every day. Can someone please clarify the rules for this situation?
14 comments
Join the conversation
Sofia Torres
You file where you worked, not where you live. Since your job is in New York, you need to file with NYS Department of Labor. The state where you earned your wages is what matters for unemployment benefits. Go to labor.ny.gov to start your claim.
0 coins
Dylan Wright
•Thank you! That makes sense. I was worried I'd have to deal with two different states somehow.
0 coins
GalacticGuardian
yeah same situation here, worked in NY but live elsewhere and had to file with NYS Department of Labor
0 coins
Dmitry Smirnov
This is correct - it's based on where you worked and paid into the unemployment insurance system. Since you worked in New York, all your wages were reported to NYS Department of Labor and that's where your UI benefits come from. Make sure you have your employment history ready when you file online.
0 coins
Ava Rodriguez
•What if I worked in multiple states though? Do I have to file separate claims?
0 coins
Dmitry Smirnov
•No, you file in the state where you worked most recently. NYS Department of Labor can request wage information from other states if needed for your claim.
0 coins
Miguel Diaz
I had trouble getting through to NYS Department of Labor when I had questions about this exact thing. If you need to talk to someone directly about your specific situation, I found this service called Claimyr (claimyr.com) that helped me actually reach an agent. They have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of trying to call myself.
0 coins
Zainab Ahmed
•Did that actually work? I've been trying to call NYS Department of Labor for weeks about my interstate work situation.
0 coins
Miguel Diaz
•Yeah it did! Got connected within like 20 minutes instead of the usual busy signals and hang ups.
0 coins
Connor Gallagher
just to add - make sure your address is updated in the system because they might mail important documents and you want them going to the right place even though you're filing with NYS Department of Labor
0 coins
Freya Christensen
This is really helpful information! I'm in a similar situation - I work in NYC but live in Connecticut. I was so confused about which state to file with, but now I understand it's definitely NYS Department of Labor since that's where my employer is located and where my wages were reported. Thanks everyone for clarifying this - it's such a common situation for people who commute across state lines but the rules aren't always clear when you're stressed about being unemployed.
0 coins
Norah Quay
•@Freya Christensen Exactly! The cross-state commute situation is so common in the tri-state area but it definitely adds confusion when you re'already dealing with job loss stress. I m'glad this thread helped clarify things. Just went through the same process myself - filed with NYS Department of Labor even though I live in NJ, and it was actually pretty straightforward once I knew which state to go with. The key thing is just remembering it follows where you earned the wages, not where you sleep at night!
0 coins
Lucy Taylor
This thread has been super helpful! I'm dealing with a similar situation where I live in Pennsylvania but work in Manhattan. I was getting stressed about potentially filing in the wrong state and having to start over. It's reassuring to know that since my paychecks come from a NY employer and taxes were withheld for NY, I should definitely file with NYS Department of Labor. The interstate commuter situation is definitely more common than people think, especially in areas like NYC where people live across state lines for housing costs but work where the jobs are.
0 coins
Tobias Lancaster
•@Lucy Taylor You re'absolutely right about the interstate commuter situation being super common! I m'in a similar boat - live in New Jersey but work in NYC. When I first lost my job last year, I made the mistake of calling both states trying to figure out where to file. Wasted so much time! The NY rule is really straightforward once you know it - if your W2 shows New York wages, that s'where you file. The NYS Department of Labor website actually has a pretty clear FAQ section about this exact scenario if anyone needs it in writing. It definitely helps reduce the stress when you know you re'doing it right from the start.
0 coins