Where do I file unemployment if I work remotely for a company in another state - NYS Department of Labor?
I've been working remotely from my apartment in Buffalo for a tech company that's based in Texas for the past 2 years. My employer just laid off half the engineering team including me. I'm really confused about where I'm supposed to file my unemployment claim. Do I file with NYS Department of Labor since I live and work from here, or do I need to file in Texas where the company is located? I've never dealt with unemployment before and don't want to mess this up. The company's HR department wasn't very helpful when I asked.
16 comments


Chloe Martin
You file where you physically work, not where the company is headquartered. Since you work from home in New York, you'll file with NYS Department of Labor. The key factor is your work location, not the employer's location. Go to my.ny.gov to start your claim.
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AstroAce
•That makes sense, thank you! Do I need any special documentation since it's a remote job?
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Diego Rojas
Same situation happened to me last year with a California company. Filed with NYS Department of Labor no problem. Just make sure you have your W-2 and pay stubs showing you worked in NY.
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AstroAce
•Good to know it worked out for you. Did NYS Department of Labor ask for any proof that you worked remotely?
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Anastasia Sokolov
Actually this can get complicated depending on which state you paid taxes in. If your employer withheld Texas state taxes (which doesn't exist) or another state's taxes, that could affect your claim. Most remote workers pay taxes in their residence state though. You'll definitely want to file with NYS Department of Labor but have your tax documents ready in case they ask questions during adjudication.
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AstroAce
•I paid NY state taxes on all my income, so that should be straightforward then.
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Sean O'Donnell
If you run into issues getting through to NYS Department of Labor on the phone to clarify this, I had good luck using claimyr.com. They helped me get connected to an actual agent when I was stuck in phone hell for weeks. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Was way easier than trying to call myself.
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Zara Ahmed
•Never heard of that service but might try it if I can't get through. NYS Department of Labor phone lines are always busy.
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StarStrider
wait so if i work remote for a company in florida but live in rochester i file here? this is confusing
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Chloe Martin
•Yes, you file where you live and work from (Rochester = New York = NYS Department of Labor). The employer's location doesn't matter for unemployment claims.
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Eduardo Silva
Just went through this exact situation myself! I was working remotely from Albany for a company in Seattle when I got laid off last month. Filed with NYS Department of Labor online and it was pretty straightforward. The key thing is to have all your employment documentation ready - W-2s, final pay stub, and the separation notice from your employer if they provided one. Since you've been working from Buffalo for 2 years, you'll definitely qualify for NY benefits. The online system at my.ny.gov walks you through everything step by step. Good luck!
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Santiago Martinez
•Thanks for sharing your experience! Really helpful to hear from someone who just went through the same thing. Did NYS Department of Labor ask any questions about your remote work setup during the process, or was it pretty much the same as filing for any other job?
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Katherine Shultz
I went through something similar when I was laid off from a remote position with a company based in California. Filed with NYS Department of Labor and the process was smooth. One tip - when you file online, there's a section where you can specify that you worked remotely from your home address. This helps clarify your work location right from the start. Also, keep records of any communication with your Texas employer about the layoff, as NYS Department of Labor might reach out to them to verify employment details. The whole process took about 2-3 weeks for my first payment to come through. Don't stress too much about it - remote work is pretty common now and they're used to handling these situations.
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Javier Torres
•This is really reassuring to hear! I was worried about potential complications with the remote work aspect, but it sounds like NYS Department of Labor handles these cases regularly now. The tip about specifying remote work from home address in the online form is super helpful - I'll make sure to be clear about that when I file. Thanks for mentioning the timeline too, knowing it might take 2-3 weeks helps set expectations.
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Finley Garrett
I'm in a similar boat - working remotely from Syracuse for a company in Denver and been worried about this exact scenario. From what everyone's saying here, it sounds like the rule is pretty clear: file where you physically work (your home state), not where the company is located. Really appreciate all the detailed responses and real experiences people have shared. The tip about having W-2s and pay stubs ready showing NY work location makes total sense. Going to bookmark this thread in case I need it later. Thanks everyone for the helpful info!
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Aisha Abdullah
•This thread has been so helpful! I'm also working remotely (from Long Island) for an out-of-state company and had the same confusion about where to file if something happens. It's reassuring to see so many people confirm that you file with NYS Department of Labor based on where you physically work from. The consistency in everyone's experiences gives me confidence about the process. Thanks to everyone who shared their real-world examples - it makes a big difference to hear from people who actually went through this rather than just reading official guidelines that can sometimes be unclear.
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