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?
12 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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