All States » New York

New York Unemployment Eligibility

There are two categories of eligibility criteria for UI benefits. They are

  • Non-monetary eligibility
  • Monetary eligibility

Non-monetary eligibility

  • Claimant must have lost his/her job due to no mistake of theirs
  • Should have worked minimum hours during the base period
  • Claimants should be available, willing and physically capable of doing full time work
  • Applicants should actively seek new job opportunities

Monetary eligibility

  • Claimant must have earned minimum wages during base period
  • This means that claimants must have worked for at least 2 out of 4 quarters of the base period
  • A total of $1,600 or more must be earned by the claimant during the base period
  • Total wages earned by the applicant during the base period must be 1.5 times the highest quarter earnings

Eligibility Questions

Will I be eligible for UI if I was laid off from work?

Yes. In the state of NY, you are eligible to collect UI if you were let go by your employer as part of cost cutting or other strategies. As long as your job was lost without any mistake of yours and you meet other eligibility criteria, you will qualify for UI.

You may be contacted by the DOL following the submission of your claim, to collect evidence that you were indeed laid off. The DOL will also contact your employer to confirm the facts. Should any mismatch arise, your benefit checks will be delayed until the air is cleared. Hence, make sure that the information you submit is one hundred percent genuine and accurate.

If I voluntarily quit my job, will I qualify for UI?

Sometimes yes, sometimes no. In general, voluntary quits are considered as a direct negation to the first eligibility criteria, ie claimant must have lost job due to no fault of theirs. However, the state of NY does understand that there could be reasons which force an individual to quit.

If you willingly left a job without pressing reasons, you will not qualify for UI benefits. However, if reasons like discrimination, abuse or in general hostility at work was the reason behind you quitting your job, you stand a chance to qualify for UI.

The state of NY will not deem you eligible unless sufficient evidence is provided to support your story.

Can I collect UI benefits if I was fired?

Most probably, no. Federal law prohibits UI benefits from being given to those individuals whose jobs were lost due to a mistake of their own. However, if you were fired without a cause and if your previous employer is not able to provide justification as to why you were fired, you may stand a chance to receive benefits.

Any employer’s taxes is partly based on number of ex-employees who have collected UI benefits.

Got more questions? Check our Q&A Section and benefit questions.

More information on New York unemployment here –
Questions on Eligibility
Calculate your weekly benefit amount
Unemployment Office locations and telephone number

Questions & Answers

  1. kevin says:

    Our company is going to shut down part of the plant for 1 week due to lack of work. I have 2 weeks of paid vacation time I haven’t used yet. Can I apply for unemployment insurance and receive my vacation pay while getting my waiting week in?

  2. Tim jone says:

    i was fired but also have a per diam job. how do i file unemployment? i only work like one day a week as a per diam person.

    • Martin says:

      Well, you may not qualify if you’re working on a daily wage basis.

      Please check with your employer if they remit relevant taxes to the state and apply accordingly.

  3. James says:

    I’ve been working in US territory for 7 months but still own a house in NY. If I leave my job to come back home will I be able to claim until I find a new job?

    • Martin says:

      If your employer is paying the relevant taxes on your behalf, you can claim.

      Please note, if you quit the job voluntarily, you will not be eligible.

  4. Danni says:

    I have been working at my place of employment for almost 5 years now, a new girl was hired in September and is making more than I am for doing less than what I do, I accidentally saw her paycheck and in turn she called the cops on me because she felt since I saw it I was going to steal her identity. I never had problems in the work place until she was hired. I feel personally attacked and I feel this is a very hostile work environment. I am thinking of quitting, would I be able to qualify for benefits?

    • Martin says:

      Yes, you can qualify for benefits if you quit due to hostile work environment.

      In case of a dispute, please be ready with sufficient proofs.

  5. Carol says:

    I recently started a new job. They then told me I had no choice and was going to be paid under the table along with the other two employees. The Server wages went up and I questioned them about what they were going to do about it. They said if I wanted the wage increase, then I had to be put on the books. I immediately said to put me on the books. I worked the next day and was given wages under the table again. I asked them to explain this, and was told that they were not going to put anyone on the books. I gave my two weeks notice then and was then let go then. Can I collect unemployment? I only wanted to be paid legally and what the minimum wage was.

    • Martin says:

      I guess you should be able to, provided you fulfill the eligibility criteria.

      Please speak to the Unemployment Authorities in your state and proceed accordingly.

  6. paula says:

    how will i be notified if i am eligible for benefits after i have completed the application and started calling in weekly for benefits.

  7. Pat says:

    If employment started on June 7, 2015 and ended Nov 17, 2015 due to lay-off, would I be eligible for UI?

  8. nykia says:

    May I be qualified for ui if ive been working with my employer for 6 months and I voluntarily quit due to lack of hours and not following my request to have sundays off because I have church?

    • Jeff says:

      You will not qualify to receive unemployment insurance as you quit voluntarily.

      Compensation is only provided to those who lose their job due to no fault of their own.

  9. robert curtis says:

    im a resident of ny but iv been working in Canada can I still collect ei

    • Adrian says:

      Not sure if you will be eligible.

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

  10. theresa says:

    If I WORKED FROM SEPT TO JUNE AT A PRESCHOOL 30 HRS A WEEK WILL I be able to collect benefits

  11. Ruslan says:

    I was given a two-week notice. I am being laid off by a new employer,who bought our office two months ago. I did work for a previous employer for more than 7 years. Am i eligible for unemployment benefits? And, how do i find out about the new employer’s identification number? Thank you

    • Adrian says:

      If you are loosing your job involuntarily,please consider applying.

      Ask your new employer about the identification number.

      • Ruslan says:

        Thank you for a prompt response.
        Is there another way to find about employer identification number than asking an employer (just, in case,if employer refuses to give it out?
        Thank you

  12. delores says:

    I work in the school district from February till June part time I am going back in September however I work in Monticello before I give them them two week notice in the end of January am I entice to unemployment for July and august

    • Adrian says:

      Seasonal employment does not qualify.

      Please go ahead and check with the labor dept in your state for any special rules in this regard.

  13. LeRoy Whethers says:

    Can I received unemployment if I was hired as a consultant and worked 30 hours per week? and if my benefits were extended after I was employed can I receive those benefits?

  14. LeRoy Whethers says:

    Can I receive benefits if I was hired as a consultant working 30 hours weekly

  15. Danita says:

    If I work in ny and live in nj and quit my job due the expense of commuting, will I qualify for unemployment benefits?

  16. Wayne Sunday says:

    I work part-time in a college library from September to May, but am unemployed during the summer months. Am I entitled to unemployment benefits for the almost 4 months that I am not working?

  17. sheila says:

    If I was terminated from a full time position and fill in occasionally/substitute teach 10-16 hours every few weeks, can I still file for unemployment? Thank you

  18. BOB says:


  19. Karen says:

    I only worked 20 weeks as my place of employment is seasonal and closed down. How many weeks do I need?

    • Adrian says:

      First of all, seasonal employment is generally not considered as an eligibility factor.You would need at least an year in hand.

  20. Amy says:

    I resigned from my position (gave 2 weeks notice) due to the fact that I was not paid for days I worked, or services performed. I was sent a letter stating that my employment was terminated that day and I could not finish my 2 weeks.

  21. Amy says:

    I resigned from my position – gave 2 wks notice, due to the fact that my employer has neglected to pay me for days, services that I have worked. I received a letter from them stating that I was terminated from my position that same day

  22. Judy Isengard says:

    Can my husband be eligible for unemployment while on short term disability? He was taken out of work from his employer at no request from him.

  23. susan says:

    I worked only from October 1 – 12/31 this year and was fired from a part time job (I am retired collecting Social Security and this is the first job I’ve had since 2009). I was fired because “I didn’t fit in” and “poor customer service”. Can I collect benefits?

  24. Chris says:

    If i quit my job as a contractor in Iraq due to stress and safety concerns, do I qualify for unemployment?

  25. Jeannie Player says:

    I have been cut back to 3 days,app.20-25 hrs wkly.Does that qualify me for partial unemployment?

  26. deborah says:

    My company was taken over without notice, I was asked to stay at current rate of pay, lose my benefit time including 3 weeks of vacation, put on probation and had been told I was not eligible for a raise for a year. my previous raises were denied as well as the company was under foreclosure and not being upfront. 401 k was also absolved not allowing me to advance, contribute to my IRA and my hourly rate decreased. The losses cant be regained and my vacation time would take me ten years to get what i started with. I was asked to apply for my cuurent position. I offered myself as per diem while I sought work that offered what I initially had and was turned down. I am not sure if i am eligible as the company no longer exists.

  27. Steve LaBarron says:

    If I am working in a hostile environment and I quit due the hostility of my boss, am I able to collect benefits without any interruption in the claim process?

    • kathy says:

      If your work environment is hostile you may qualify. However, have you done anything to try to make the situation any better? Not sure what “interruption” in the claim process you are worried about. Claims can be processed rather fast, they will give the employer a specific amount of time to respond and whether the employer responds or not, they make the decision based on the information they have. High unemployment can slow the process a bit.

Post Your Question

forum link

2 × three =