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What New York Residents Need to Know About Unemployment Benefits

Have you recently lost your job? If so, you may qualify for unemployment benefits: money paid by the state to those who are temporarily out of work.

This site provides clear, accurate information on collecting unemployment benefits in New York, including:

Here are three things to keep in mind as you get started:

1. You may be eligible for benefits even if you quit or were fired for cause. 

Some people mistakenly believe that unemployment is available only to employees who are laid off. However, you don't have to lose your job in a layoff to qualify for benefits. The key question is whether you are out of work without fault on your part. So, if you were forced to quit your job in lieu of being fired, or you were fired because you don't have the necessary skills for your job, you could still be eligible for benefits. 

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How Do I Apply for Unemployment Benefits in New York?

New York's unemployment insurance agency website gives you the information you need to apply for unemployment insurance in New York. The New York Department of Labor: Unemployment Division’s website tells you:

  • What information you’ll need on hand to apply for unemployment insurance benefits
  • How to apply online for unemployment insurance benefits
  • How to apply for unemployment insurance benefits by phone by calling the New York Department of Labor: Unemployment Division at 888-209-8124
  • How to calculate the amount of unemployment insurance benefits you can receive, and
  • What to do to keep receiving unemployment insurance benefits in New York.

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Who Is Eligible for Unemployment Benefits in New York?

You qualify for unemployment benefits in New York if you meet two basic requirements:

  • you must have earned at least a minimum amount in the time before you lost your job, and
  • you must be out of work through no fault of your own.

If you meet these two qualifications when you apply, you will likely be eligible to receive unemployment benefits. (To keep receiving benefits after you are found eligible, you will also have to meet your state’s job search requirements; to learn more, see What Do I Have to Do to Keep Receiving Unemployment Benefits in New York?)

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How Much Will I Collect in Unemployment Benefits in New York?

In New York, you can earn up to $425 per week in unemployment benefits. 

Every state has its own rules for calculating unemployment benefits. Typically, the amount you receive each week is based on your earnings when you were employed. After all, unemployment benefits are intended to replace some of the income you lost along with your job, and tide you over until you find new work.

Calculating Your Benefit Amount

Your weekly unemployment benefit amount depends on your earnings during the base period.

In New York, your weekly benefit amount depends on whether you were paid wages in all four quarters of the base period. 

If you were paid wages in all four quarters, you will receive:

  • one twenty-sixth of your earnings in the highest paid quarter or $143, whichever is higher, if you earned more than $3,575 in the highest paid quarter, or
  • one twenty-fifth of your earnings in the highest paid quarter or $100, whichever is higher, if you earned $3,575 or less in the highest paid quarter. 

If you earned wages in only two or three quarters of the base period, your weekly benefit is calculated as follows: 

  • If you earned more than $4,000 in the highest paid quarter of the base period, you will receive one twenty-sixth of your average quarterly earnings during the two highest paid quarters of the base period or $143, whichever is higher. 
  • If you earned between $3,576 and $4,000 in the highest paid quarter, you will receive one twenty-sixth of your earnings during the highest paid quarter of the base period or $143, whichever is higher. 
  • If you earned $3,575 or less during the highest paid quarter, you will receive one twenty-fifth of your earnings during the highest paid quarter. 

 

Currently, the most you can receive each week is $425 per week; the minimum amount you can receive is $100 per week. These limits are adjusted from time to time for inflation.

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How Long Will My Unemployment Benefits Last in New York?

In New York, you can receive unemployment benefits for a maximum of 26 weeks.

Each state sets its own rules for how long unemployment benefits last. Until quite recently, virtually all states offered a maximum of 26 weeks of benefits. In the last five or six years, however, some states have changed their rules on duration of benefits (in most cases, to offer benefits for a shorter period of time).

There are two programs that provide additional weeks of benefits in times of high unemployment: extended benefits (EB) and emergency unemployment compensation (EUC).

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What Do I Have to Do to Keep Receiving Unemployment Benefits in New York?

After your application for unemployment insurance benefits is approved by the New York Department of Labor: Unemployment Division, you can’t just sit back and collect benefits—you have to do certain things to stay eligible. After your initial claim for unemployment benefits is approved in New York. You have to:

  • be unemployed or underemployed (generally, earning close to what you receive in weekly benefits)
  • be able and available to work
  • be actively looking for work, and
  • file to continue to receive benefits.

Unemployed Or Underemployed

You have to be unemployed or earning significantly less than you used to (also called being “underemployed”) to continue to receive unemployment benefits. You have to report any earnings from work to the New York Department of Labor: Unemployment Division. In some states, you will still be entitled unemployment benefits if you earn less than your weekly benefit amount; about half the states will allow you to continue receiving benefits even if you earn a bit more than your weekly benefit amount. You will be allowed to set aside some of what you earn (the amount varies from state to state). The rest will be subtracted from your usual weekly benefit amount, and you will receive the difference. For more information about receiving partial unemployment benefits, see How Much Will I Collect in Unemployment Benefits in New York?

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Can I Appeal a Denial of Unemployment Benefits in New York?

If New York Department of Labor: Unemployment Division denies you unemployment insurance benefits, you can appeal. After you file your initial claim for unemployment benefits, the New York Department of Labor: Unemployment Division will send you a written determination of your eligibility for benefits and, if it finds you eligible, how much you will receive in benefits. But, if the New York Department of Labor: Unemployment Division finds that you are not eligible for benefits or grants you benefits in a lower amount than you believe you are entitled to, you can appeal that decision. And, if the New York Department of Labor: Unemployment Division finds you eligible to receive benefits, your ex-employer can appeal that decision.

If you want to appeal the New York Department of Labor: Unemployment Division decision, check the New York Department of Labor: Unemployment Division website and handbook for:

  • Any forms and instructions for filing your appeal
  • The deadline for filing your appeal
  • What to do if you are filing late
  • Where and how to file your appeal
  • How long the appeal process takes
  • What happens to your benefits while you wait for a decision on your appeal, and
  • A link to the New York Unemployment Insurance Appeal Board that will review your appeal.

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Do I Need a Lawyer to Get Unemployment Benefits in New York?

Having your own lawyer to represent you in the unemployment insurance benefits process in New York will level the playing field for you—because your ex-employer will be represented. Your ex-employer is almost certainly going to have a lawyer or two offering guidance through the New York unemployment process. This legal advice can give your ex-employer an edge over you in the process, especially if they intend to challenge your claim for benefits. Your own lawyer can:

  • Help you figure out if you are eligible for unemployment insurance benefits in New York
  • Tell you if your employer’s stated reason for terminating you is valid and will bar benefits
  • Guide you through New York’s unemployment insurance benefits claim process
  • Advise you on how to keep receiving unemployment insurance benefits, and
  • Assist you if you need to appeal a denial of unemployment insurance benefits by the New York Department of Labor: Unemployment Division

Check the website of the New York Department of Labor: Unemployment Division before you see a lawyer to get information about applying for unemployment benefits and your rights and obligations under the unemployment laws of New York. The website and the New York Department of Labor: Unemployment Division claimant handbook, Unemployment Insurance: A Claimant Handbook, have answers to your questions about the filing process. To find a lawyer in New York, check the New York Bar Association lawyer referral services and the lawyer directory of Nolo.com.

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