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New York Unemployment Benefit Questions

Will receiving severance pay, retirement benefits, vacation pay etc affect my benefit amount?

In general benefit amounts are affected if you receive additional income. If a previous employer contributed to your pension fund, your benefit amount will be reduced dollar by dollar for it. If you funded your pension account yourself, your benefits will not be reduced.

Unclaimed vacation benefits do not affect your benefit amounts. Benefits will stop the moment you secure a new job.

Will receiving worker’s compensation affect my benefits?

If you receive worker’s compensation and if you are physically capable of doing work, you will be eligible for UI. However, your benefit amounts may be reduced. The sum total of your weekly worker’s compensation and your weekly benefit should not be greater than your weekly base period wages.

If you receive worker’s compensation, you must provide the following to the Dept. of Labor while filing for UI.

  • Worker’s compensation form – C8
  • A medical certificate issued by your consulting physician stating that you are mentally and physically capable of doing full time work

Always make sure that you declare any income you received at the time of job separation or later. Failure to do so may result in overpayment and you may have to return the money to the DOL. You may even be disqualified from UI.

You must tell the Telephone Claim Center about any workers’ compensation benefits you collect while you collect unemployment benefits. If you do not, you may have to repay any unemployment benefits that were overpaid.

More on New York Unemployment –
Check your eligibility
Job search requirements
How to apply for benefits?

Questions & Answers

  1. Jane says:

    I live in New York City. My position is being eliminated.
    – Does the timing of the payout of my severance pay affect when I am eligible for unemployment? If severance is delayed 30 days am I eligible for unemployment benefits right after my position is eliminated?
    – Does the timing of the payout of my vacation pay affect when I am eligible for unemployment? Does this payout need to be delayed 30 days in order to be eligible or can I get this benefit right away?

    • Martin says:

      Please apply only after all the payout period is over including severance.

      You can call the Unemployment Office in your state for further information.

  2. Robert Howell says:

    I have been at my current contract position since October 12, 2015. Our contract ends April 1st, 2015. The company that contracted us is going to terminate our contract early next week. Do I qualify for unemployment benefits?

    • Martin says:

      Contracted employees are not generally eligible.

      Please call the claims center/customer service of the labor dept. in your state for further information.

  3. Lisa says:

    I am receiving benefits now. I found a job that will give me 4 days a week work, but only 4 hours per day for 16 hours total for the week. Will I still receive partial benefits? This is only temporary for train and probation period and can lead to full time hours, Im not sure what I should do?

  4. Rebecca says:

    Our employer informed us they were closing down. We were all prepared to file for unemployment. I’ve interviewed and haven’t found anything yet. Today we were informed that a rep was coming with a listing of jobs. They include housekeeping, janitorial etc. our positions are as social workers, psychologists, evaluators etc.

    Someone asked why would these be offered to us? We all have Masters and or doctorates. They said if we refuse the position we cannot collect unemployment. Is this true? We received our30 day notice two weeks ago.

    • Martin says:

      Absolutely not! You’re not required to accept positions that do not match your experience and qualification.

      Please call the Unemployment Office in your state and report this incident.

  5. Brenden Russell says:

    Can I get UI for leaving my job due to over work and also wants to keep paying me cash when I hit overtime.And I cook alot of food there for four years .also they gave me three rises in one year to try to keep me but no matter the money its too much work for one person .And they don’t want to fix what I tell them couldn’t do it anymore my whole boby is in pain

    • Martin says:

      Well, if you quit voluntarily, you may not be eligible.

      Please check further with the labor authorities in your state.

  6. Rebekah J says:

    I filed for Unemployment on the third of Dec. When should I be receiving my first payment? I try to call the customer service line and am not able to get a rep.

    • Martin says:

      The initial claims takes anywhere between 5-7 business days to be processed and paid out. After that, weekly claims will not be an hassle.

  7. paula says:

    I need to know the status of my claim , am i going to receive benefits is so how long will it be before i get a payment?

  8. Alfonso delerme says:

    If my job relocates from NY to JERSEY and I cannot make transition am I entitled to collect?

  9. rhona gorman says:

    hi i applied a few weeks ago, i lost my job, i dont know if they approved me, i didnt get a check yet, can someone please tell me what is my status? it says “pending{, thank you rhona gorman

  10. Jesse says:

    I recently got discharged (Honorably) from military service for parenthood. I will be receiving a separation pay of about $22,000 in 30 business days (Jan 6th, 2016). Will this affect my claim for Unemployment in the state of NY? I have 50/50 custody of my two kids and my child support is based on unemployment now, even though I do not receive it. Any help would be greatly appreciated. Thank you.

    • Martin says:

      Please consider applying for UI benefits after the separation pay period is over.

      I don’t think you should have any issues with regard to applying for benefits.

  11. Peter says:

    My employer is eliminating my position (I have been fully employed for over 30 years) and has offered for me to get 1/2 year severance pay – I will then be over 65 years old. If I can not find work after the severance has run out will I be able to get UI?

  12. Sue says:

    I have been diagnosed with liver cancer. Biopsy next week to determine stage. Fatigue is chronic. My employer wont lay me off. If i quit, will i be able to get UI?

    • Martin says:

      I can understand your situation.

      Unfortunately, personal reasons such as health issues are not considered. You will not be eligible.

  13. Bobbie says:

    if I have say about 16 days left on my unemployment and I accept a temp assignment with a temp agency and after the assignment ends (say 6 weeks) there are no more, I start refiling I understand I again have the 1 week waiting period)I first have to use up my 16 days, but can I then file a new claim?

  14. Kathy says:

    I recently graduated highschool, and have been told I will get laid off after 15 to 16 weeks if work. Will I qualify for unemployment benefits?

  15. Bonny Ricca says:

    I retired from my former company March of 2015 if I was to work a seasonal position and than laid off from it will my benefits be based on my former employer also as well as the current one

    • Martin says:

      Depends. They consider 4 of the last 5 calendar quarters to ascertain eligibility. If both your previous employment falls into this period, they will consider them.

      Generally, seasonal workers do not qualify. Please inquire further with the labor authorities in your state.

  16. Edward Oliver says:

    I have not received monies from my first weekly benefit check
    Am I entitled to that money

  17. Jack Fuhrman says:

    My current job will in in a few months. I assume that I will apply for unemployment at that time. I have a small Company pension I draw currently from a previous employer. Is it in stone that my unemployment will be reduced by the amount of my small pension?

  18. nescafe says:

    My existing employment contract terminates, i have been working continously for the last 15years. i will be travelling for 3 months ( volunteering overseas), am i able to claim unemployment benefits upon my return until i find work

  19. Joseph says:

    The benefit center is asking a for unemployment status letter. Do I have to write the letter myself or obtain it from a website.

    • Adrian says:

      Please speak to a representative from the customer service of the labor dept in your state to obtain more details on this.

  20. Patricia Joseph says:

    My hours were recently reduced from 40 hours to 32. Now I have been laid-off. I have since found a part-time job for 24 hrs. I take home 299.00 now. Do I qualify for unemployment assistance?

  21. Tanya says:

    If I file a claim on 3/17/14 and claim benefits for the last to Sundays when should I expect to receive my first payment?

    • Adrian says:

      Generally,its takes close to 10 business days for an initial claim to be processed.

      If you’ve not received the payment, please call the claims center immediately for status.

  22. Harry says:

    I will be out of work for one week. Do I qualify for benefits for that week?

    • Adrian says:

      Temp layoff may not qualify for UI benefits.Please speak to a representative from NY department of labor for more information on this.

      • mary jane says:

        I am a sub. teacher and have worked the whole school year, The first 4 months was to cover for someone on medical leave from Sept. to Dec. in January I got a sub job that lasts from January till june when school ends.I do not have a full time teaching job that starts in September, am I eligible for unemployment benefits for the summer months, while I continue to look for a permanent teaching position.

        • Martin says:

          Seasonal employment such as schooling does not qualify due to the obvious nature of job.

          Please call the Unemployment Office in your state to ascertain your qualification.

  23. justin micciche says:

    I was on unemployment and it ran out
    I had a job for a month and was let go
    I didn’t meet there expectations
    do I reapply?

  24. Rochelle Gleen says:

    I will like to know how can I get a print out on the last time I collect benefits thank you …

  25. Sandra Dabreau Henry says:

    It look like my benefits are going to end next month, however, as per the calculator I still have nine more week, do I continue to calim?

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