Why do jobs ask if you receive unemployment benefits from NYS Department of Labor?
I've been applying for jobs while on unemployment and I keep seeing applications that ask if I'm currently receiving unemployment benefits. Some even ask specifically about NYS Department of Labor payments. Is this legal? I'm worried about being honest because I don't want it to hurt my chances, but I also don't want to lie on an application. Does anyone know why employers ask this and if I have to answer?
20 comments


Fatima Al-Hashemi
It's completely legal for employers to ask about unemployment benefits. The main reasons are: 1) They want to know your availability to start immediately 2) Some employers worry about hiring someone who might prefer staying on benefits 3) They're checking if you're actively job searching as required by NYS Department of Labor 4) For certain positions, they need to verify you're not double-dipping income. You should be honest - lying on applications can be grounds for termination.
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NeonNomad
•Thanks for explaining! I had no idea there were so many reasons. I'll definitely be honest going forward.
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Dylan Mitchell
I always answer honestly and it's never been an issue. Most employers understand that people collect unemployment between jobs - that's literally what it's for. What matters more is showing you're serious about working. I actually think being on unemployment shows you're following the rules and actively job searching since NYS Department of Labor requires work search activities.
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Sofia Martinez
•That's a good point about showing you're following the rules. I never thought of it that way.
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Dmitry Volkov
Be careful though - some employers might use it against you. I had one interviewer ask me detailed questions about my weekly claim amounts and when my benefits would run out. It felt invasive but I answered anyway. Didn't get the job and I wonder if that was part of it.
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Fatima Al-Hashemi
•That does sound inappropriate. They can ask if you receive benefits but specific amounts and duration details seem like they're overstepping.
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Ava Thompson
I've been dealing with NYS Department of Labor phone issues trying to get through about my claim status, and it's been so frustrating that I almost missed some job application deadlines. If you're having trouble reaching them about any unemployment questions that come up during your job search, I found this service called Claimyr (claimyr.com) that actually got me connected to a real agent. They have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling and getting hung up on.
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NeonNomad
•Interesting, I'll check that out. I've been on hold for hours trying to get through to clarify something about my job search log requirements.
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CyberSiren
wait so you HAVE to tell them if they ask?? what if the job doesn't pay enough and i want to keep getting benefits instead
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Fatima Al-Hashemi
•You have to be honest on applications, and you can't turn down suitable work just to stay on unemployment. NYS Department of Labor has specific rules about suitable work that you need to follow or risk losing benefits.
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CyberSiren
•oh didn't know that about the suitable work thing
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Aisha Khan
From my experience as an HR professional, employers ask about unemployment benefits for legitimate business reasons - mainly to gauge your availability and commitment level. However, there are boundaries to what they can legally ask. While they can ask if you're receiving benefits, they shouldn't be asking for specific dollar amounts or demanding to see your claim documentation. If you're receiving NYS Department of Labor benefits, just be straightforward about it. Most reasonable employers understand that unemployment insurance exists for exactly this situation - to support people between jobs while they search for new opportunities. The key is demonstrating that you're genuinely interested in the position and ready to work.
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Malik Jenkins
•This is really helpful coming from someone in HR! I was wondering about those boundaries - like what's appropriate for them to ask versus what crosses the line. It makes me feel better knowing that most employers understand unemployment is there for situations like this. I'll focus on showing my genuine interest in the positions I'm applying for.
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Joshua Wood
I just went through this exact situation and can share what I learned. When employers ask about unemployment benefits, it's actually a standard practice and completely legal. The key thing to remember is that receiving NYS Department of Labor benefits shows you're following proper procedures - you lost your job through no fault of your own and you're actively searching for work as required. I found that being upfront about it actually worked in my favor because it demonstrated I was being responsible and honest. What helped me was framing it positively in interviews - something like "I'm currently receiving unemployment benefits while conducting a thorough job search to find the right opportunity." Most employers respect that approach. Don't let it discourage you from applying - focus on showcasing your skills and enthusiasm for the role.
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Esteban Tate
•That's such a great way to frame it! I like the idea of presenting it as being responsible and following proper procedures rather than something to be ashamed of. Your suggestion about saying you're "conducting a thorough job search to find the right opportunity" sounds much more professional than just admitting you're on unemployment. I'm definitely going to use that approach in my next interview. Thanks for sharing your experience - it's encouraging to hear that being honest actually worked in your favor!
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Kristin Frank
I've been in your shoes and want to reassure you that honesty is definitely the best policy here. When I was job hunting while on NYS Department of Labor benefits, I was initially nervous about disclosing it too. But I learned that most employers actually view unemployment benefits neutrally - it's just another piece of information they use to understand your situation. What really matters is how you present yourself as a candidate. I always made sure to emphasize my eagerness to return to work and my qualifications for the role. One tip that helped me: if the application asks about benefits, I'd answer honestly but also use it as an opportunity to mention that I'm actively job searching and available to start immediately. This shows you're motivated and ready to transition off benefits into meaningful employment. Don't let this question discourage you from applying to positions you're qualified for!
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Fatima Al-Hashimi
•This is exactly the reassurance I needed to hear! I've been so worried about that question on applications, but you're right that it's really about how you present yourself as a candidate. I love your tip about using it as an opportunity to emphasize being available to start immediately - that actually turns what feels like a negative into a positive. It's good to know that most employers view it neutrally rather than as a red flag. I'm going to stop overthinking this and focus on showcasing my qualifications instead of worrying about the unemployment benefits question.
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Philip Cowan
I work in recruiting and see this question all the time on applications. The reason we ask is mainly practical - we want to understand your timeline and motivation. Someone collecting benefits might have different urgency levels or salary expectations compared to someone who's been out of work without any income support. It's not meant to be discriminatory. In fact, many of our best hires have been people who were receiving NYS Department of Labor benefits while job searching. What impresses us more is when candidates are transparent and can clearly articulate why they're interested in our specific role beyond just needing any job. My advice: be honest about receiving benefits, but focus your energy on demonstrating genuine interest in the company and role. That's what really matters in hiring decisions.
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NeonNebula
•This perspective from someone in recruiting is incredibly valuable! It makes so much sense that you'd want to understand timeline and motivation - I hadn't thought about it from that practical angle before. It's really reassuring to hear that many of your best hires were people on benefits. Your point about demonstrating genuine interest in the specific role is spot on. I think I've been so focused on worrying about the benefits question that I wasn't putting enough energy into researching companies and tailoring my applications to show why I really want to work there specifically. Thanks for the insider view on what recruiters are actually looking for!
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Holly Lascelles
I've been through this process recently and can add some perspective. Yes, it's completely legal for employers to ask about unemployment benefits, and I've found that being honest actually helps build trust from the start. What I learned is that the question isn't really about judging you - it's about logistics and timing. Employers want to know if you can start right away, if you're genuinely motivated to work (since you could theoretically stay on benefits longer), and sometimes they need to understand your current financial pressures for salary negotiations. I actually had one employer tell me they appreciated my honesty because it showed integrity. The key is to pair your honest answer with enthusiasm about the specific role. Instead of just saying "yes, I'm on unemployment," try something like "I'm currently receiving benefits while actively searching for the right opportunity, and I'm really excited about this position because..." That way you're being truthful while also showing you're selective and serious about finding meaningful work, not just any job.
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