How to file a claim in New York

To file an unemployment claim in New York, you go to the New York State Department of Labor website and create an account in the Unemployment Insurance Online Services system. You will need your Social Security number, driver's license or state ID number, and information about your most recent employer—their name, address, and the dates you worked there. The system walks you through a series of questions about why you are no longer working, your work history, and your income.

You can file online at labor.ny.gov or by phone at 1-888-209-8124. The phone line is busiest early in the week and in the morning. If you file online, you will receive a confirmation number when ready. If you file by phone, a representative will take your information and mail you a confirmation letter within a few days. Either way, you must file within 30 days of your last day of work to avoid losing benefits for the weeks you waited.

After you file, the Department of Labor will contact your employer to verify the information you provided. This process usually takes one to two weeks. During that time, your claim is "pending"—you have filed, but you have not yet been approved or denied. You can check the status of your claim in the Unemployment Insurance Online Services system at any time.

Key Takeaways

  • File through the New York State Department of Labor website at labor.ny.gov or by calling 1-888-209-8124 within 30 days of your last day of work.
  • You will need your Social Security number, ID number, and your most recent employer's name, address, and employment dates.
  • The Department of Labor contacts your employer to verify your information, a process that usually takes one to two weeks.
  • You must file a weekly claim form every week you want to receive benefits, even while your initial claim is being reviewed.
  • New York pays unemployment benefits by debit card, not by check or direct deposit, unless you request direct deposit when you file.

What happens after you file your initial claim

Once you file, you enter a waiting period. The Department of Labor will send you a notice in the mail that tells you whether your claim was approved, denied, or is still being reviewed. This notice is called a information Notice. If your claim is approved, the notice will tell you how much you will receive per week and when your benefits will start. If it is denied, the notice will explain why and tell you how to appeal.

While you wait for your information Notice, you must file a weekly claim form every week to receive benefits. You do this in the same Unemployment Insurance Online Services system where you filed your initial claim. The weekly form asks whether you worked that week, how much you earned, and whether you looked for work. You must file your weekly claim by the important date shown in your account—usually by Sunday night—or you will not receive a payment for that week.

New York pays benefits by debit card through a card issued by the state. The card is mailed to you after your claim is approved. If you prefer direct deposit to your bank account, you can request that when you file your initial claim or change it later in your account settings. Payments are usually deposited or loaded onto the card within one business day of when you file your weekly claim.

Weekly claim requirements and work search rules

New York requires you to file a weekly claim form to receive benefits for that week. You cannot file multiple weeks at once. If you miss a week, you lose the benefits for that week—you cannot go back and file it later. The important date to file is usually Sunday at 11:59 p.m., but check your account to confirm, because the important date can vary.

When you file your weekly claim, you must answer whether you worked during that week and, if so, how much you earned. If you earned money, your weekly benefit amount is reduced by a portion of what you earned. New York allows you to earn up to 25% of your weekly benefit amount without any reduction. Anything you earn above that is subtracted dollar-for-dollar from your benefits.

New York does not currently have a work search requirement to receive benefits. However, you should still be actively looking for work because the Department of Labor may contact you to verify that you are genuinely unemployed and not working elsewhere. If you are offered a suitable job and refuse it without good cause, your benefits can be stopped.

How long benefits last and how much you receive

New York unemployment benefits last for up to 26 weeks in a benefit year. A benefit year runs from the Sunday of the week you file your claim through the following Sunday, 52 weeks later. If you exhaust your 26 weeks of regular benefits before the end of your benefit year, you may be able to receive Extended Benefits if the state unemployment rate is high enough. Extended Benefits can add up to 13 additional weeks, but they are not automatic—you must file a separate claim for them.

Your weekly benefit amount is based on your earnings during a specific period before you filed your claim, called the base period. The base period is usually the first four of the five calendar quarters before you filed. New York divides your total earnings during that period by 52 to calculate your average weekly wage, then pays you a percentage of that amount. The maximum weekly benefit amount changes each year; you can find the current maximum on the Department of Labor website.

If you worked part-time or had variable hours, your benefit amount will be lower than if you worked full-time. If you earned very little during your base period, you may not receive benefits at all, because New York has a minimum earnings threshold.

What disqualifies you or stops your benefits

The Department of Labor will deny your claim if you left your job without good cause, were fired for misconduct, or quit to move with a spouse. "Good cause" means a reason that a reasonable person would consider serious enough to quit—for example, unsafe working conditions, wage theft, or harassment. straightforward disliking your job or wanting higher pay is not good cause.

If you are denied, you will receive a information Notice in the mail explaining the reason. You have 30 days from the date on the notice to file an appeal. An appeal goes to an administrative law judge who will review your case and decide whether to overturn the denial. You can represent yourself or bring a witness who knows about your situation.

Your benefits can also stop if you fail to file your weekly claim on time, if you refuse suitable work, if you are convicted of fraud, or if you become unable to work due to illness or injury. If you think your benefits have stopped by mistake, contact the Department of Labor when ready to find out why.

Pandemic-related programs that are no longer available

During the COVID-19 pandemic, New York offered several temporary programs: Pandemic Unemployment information (PUA) for self-employed and gig workers, Pandemic Emergency Unemployment Compensation (PEUC) for workers who exhausted regular benefits, and a $600 weekly federal supplement. All of these programs ended in September 2021. If you were receiving benefits under one of these programs, you were notified by mail when your benefits would end.

If you believe you were owed benefits under a pandemic program and did not receive them, or if you received benefits you think you should not have, contact the Department of Labor. The state has been working through claims of overpayment and fraud, and some people have been asked to repay benefits. If you receive a notice asking for repayment, you have the right to request a hearing to dispute it.

Frequently Asked Questions

How long does it take to get my first payment?

If your claim is approved, your first payment usually arrives within two to three weeks of when you filed. The time depends on how long it takes the Department of Labor to verify your information with your employer and process your claim. You must file your weekly claim forms during this waiting period to receive payment for those weeks once you are approved.

Can I receive unemployment if I was laid off due to lack of work?

Yes. A layoff due to lack of work, a reduction in hours, or a temporary shutdown is the most common reason people receive unemployment benefits in New York. You do not need to prove you were looking for work; the Department of Labor will assume you are available and willing to work.

What if my employer says I quit when I was actually fired?

The Department of Labor will contact your employer during the verification process and ask them to describe the separation. If there is a disagreement, the Department of Labor will review any documents you have—a termination letter, emails, or a final paycheck stub—and may contact you for more information. You can also submit documents or a written statement when you file your claim.

Do I have to report income from a side job or gig work?

Yes. When you file your weekly claim, you must report all income you earned that week, including from gig work, freelance jobs, or self-employment. Your weekly benefit is reduced based on what you earned. If you do not report income and the Department of Labor finds out, you can be required to repay benefits and may face fraud charges.

What should I do if I disagree with my benefit amount?

Your information Notice will show how your weekly benefit was calculated. If you think the amount is wrong, contact the Department of Labor and ask them to review it. You can also file an appeal within 30 days of the notice. An appeal is free and does not require a lawyer. Bring any documents that show your earnings, such as pay stubs or tax returns.