New York Unemployment Eligibility

New York Unemployment Eligibility

New York Unemployment Eligibility Calculator

eligibility_img Unemployment Eligibility Calculator Previous

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

  • Monetary eligibility
  • Non-monetary eligibility

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 $2,200 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

To determine whether a claimant meets monetary eligibility requirements, New York state will verify that they earned sufficient wages during what’s known as your base period. This base period consists of the first four of the last five completed calendar quarters before the quarter in which you apply for unemployment benefits. A claimant must have worked during at least two calendar quarters included in the base period.

For claims filed in 2023, a claimant must have earned at least $3,100 during the base period to be eligible.

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

    New York state also considers non-monetary eligibility requirements when reviewing your unemployment claim. To be eligible for UI benefits in New York, a claimant must show that they’ve worked in New York state during the last 18 months and that they lost work due to no fault of their own. This typically is the case with a layoff or reduction in force, and also in cases where companies are restructured and positions are eliminated.

    In some cases, a claimant may be eligible for New York unemployment compensation if they quit a job for good cause. To show that you quit for good cause, you must provide documentation that your workplace had become so toxic or dangerous to either your physical or mental health that you had no choice but to quit. If you claim that you quit for good cause, remember that your former employer will be consulted and may refute your version of the story. This is where having good documentation is key.

    Other non-monetary eligibility criteria include being ready, able and willing to work as soon as suitable employment is offered to you. This means that you must be physically and mentally healthy enough to work and that you have things like child care and/or transportation covered to be able to work immediately. In addition, you will also be required to actively search for employment while you collect unemployment insurance benefits. You’ll need to provide information about your New York unemployment work search activities each week as part of the certification process for receiving your weekly benefits.

    Ongoing Eligibility Requirements

    For each week that you receive unemployment insurance benefits, you are required to submit a New York unemployment weekly certification. As part of this process, you’ll be asked a series of questions about your compliance with New York unemployment work search activities.

    This entails participating in at least three work search activities per week, which may include anything from submitting resumes and completing job applications to meeting with a career counselor and interviewing for potential positions.

    Some claimants may be required to attend mandatory meetings with a career counselor at a NY Career Center. If this requirement applies to you, you will be notified of your appointment dates and times. You also must certify that you remain unemployed and eligible for unemployment compensation when you complete each weekly claim.

    If you performed any part time work or freelance work during a particular week, you will be asked to report how much you worked. You can still receive unemployment benefits, even while working part-time, but your weekly benefit amount will be reduced to account for the wages you earned during that week.

    Quitting a Job for Good Cause

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

    In some cases, you may voluntarily quit your job, yet still be eligible for New York unemployment benefits. If you can show that you quit for good cause, you may be able to collect unemployment assistance. In New York, “good cause” for quitting your job typically means showing that your previous employer had created a working environment that was unsafe, unhealthful or dangerous – to either your physical or your mental health. In other words, your reason for quitting must be so compelling that it’s easy to conclude that you had no other choice but to quit.

    Keep in mind that the burden of proof is on you, as the employee, to prove that your situation gave you good cause for separating from employment.

    In some cases, there are legitimate reasons to quit that are not the fault of your employer. For example, you can quit with good cause if you are a victim of domestic violence, and you quit your job to move away from a violent partner. Or if you are a military spouse and that spouse is transferred, you can remain eligible for unemployment benefits if you must quit your job to move with your spouse.

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

    These situations are reviewed on a case-by-case basis, so you will need to complete a questionnaire outlining the conditions of your quitting your job, and you’ll be assigned to a claims examiner, who also may interview you. The examiner will make a determination about whether your job separation was for good cause.

    Reasons for UI Disqualifications

    Can I collect UI benefits if I was fired?

    You could be found ineligible for New York unemployment benefits for several reasons, all related to the state’s monetary and non-monetary eligibility criteria. For example, your unemployment claim might be denied if you didn’t earn enough money during the base period to qualify.

    You can also be found ineligible if you continue working part-time and don’t report that work activity, or if you fail to meet New York unemployment work search requirements. Other reasons for UI disqualification include failing to appear for appointments or respond to New York Department of Labor outreach, not being able or available to work, refusing work when it is offered to you, and criminal misconduct.

    What to do if your claim is denied

    If your claim for New York unemployment insurance benefits is denied, you do have options. When you receive your determination letter, you can file a New York unemployment appeal within 30 days of receiving that notice. At that point, you will be scheduled for a hearing before an administrative law judge, where you may provide more information about your situation.

    When you receive the administrative law judge’s determination, you may further appeal to the New York Unemployment Insurance Appeal Board if you still disagree with the decision. After the appeal board reviews your claim, your final course of appeal is to the Appellate Division of the State Supreme Court. At this stage, you should enlist the help of an experienced employment lawyer.

    1. My wife moved to North Carolina after span of multiple leg surgeries for her recoveries. Can I collect NY unemployment if I quit my job to move their? ( trailing spouse)

      • Dear Jon,
        This isn’t cut and dry. NY State wants you to have quit your last job “for good cause.” That is a gray area. You should apply. You were needed to help your spouse relocate & recover. If you aren’t approved, appeal the decision.

        Best,

        Jean

    2. Would I be eligible for unemployment if I left my job due to getting married and moving to live in the same location as my spouse?

    3. I work at a hotel and i’m left alone for my entire shift to deal with everything. I have complained to management that this is overwhelming due to the volume of guests at the hotel as well as the fact that people are very angry these days and I would like help. These conditions have not been considered. If this a reason where I would be eligible for unemployment?

      • Daniel,

        You can be eligible to quit due to hostile working conditions. I suggest you speak to the Unemployment Office before making a decision.

    4. i recived my frist week of unemployment but I didn’t get my second why was that I did everything the same way

    5. Can I collect unemployment if I quit my job at a doctors office as a receptionist during Covid 19 due to not feeling safe or adequate protection?

    6. If you quit your job because of unsafe work conditions such as health hazardous dust, extreme heat with no air conditioning support, exposed wiring can you still collect unemployment in nyc

    7. Hello. I live in Shohola, Pennsylvania and been working in NY State for about 15 months. From June 5 to Aug. 30, I worked for a large company in NY State. I applied since it was a large company, I thought I’d have stable employment, sadly I was wrong. Due to cut backs, I lost my job. I’m heartsick this happened, I never expected it. Prior, I couldn’t find a full time position and worked two part time jobs in NY State. From June 1, 2018 to Aug. 30 2019, I worked in NY State. And from 2004-2018 I worked in NJ, I left because needed employment close to home. My friend died and I became his daughter’s legal guardian. I’m middle age, never applied for unemployment, I don’t know the first thing about how this works. If I try to do myself, I might do something wrong. Can you pls tell me the Unemployment Office location I should go too to apply for unemployment and what docs I need to bring? Also, are there any classes to help with resume writing or any other class I can take? I have a mortgage and will need heating oil soon, neither are cheap. Thank you. Karen.

      • Karen,

        I am sorry to hear about your recent past. Hope things get better soon. As a starting point, I suggest you visit the website of the Unemployment Office in your state to find out about opportunities including UI benefits. If required, also call the Office for assistance.

        Feel free to write back to us here.

    8. I was a delivery driver for medication. They allowed us to claim mileage for using our car i was let go for using a gas card and claiming mileage the same day but i was never told this rule or showed where this rule was written. Will i receive UI?

      • Jamiel,

        Please note UI benefits are only extended to claimants who lose employment due to involuntary reasons. Please speak to the Unemployment Office to ascertain eligibility.

    9. I am scheduled to receive a Voluntary Retirement (live in New York State) incentive in May 2019 whereby I will receive 12 weeks pay plus 2 weeks in lieu of notice and some money in a lump sum toward health insurance.

      Will i qualify for benefits after my separation date?

      • Hey!
        I quit my old job for a new job and worked there till they laid me off like 7 months. Now NYS is giving me problems. My new job is a much better opportunity when I go from seasonal to full time. 18 to start full time. Are they going to make me pay back what i got already? :(

      • Ed,

        UI benefits are only extended to claimants who lose their employment due to involuntary reasons. Please call the Unemployment Office for clarification.

    10. If an employee continues to be out sick, refuses to make up hours and is constantly stating to be fired, will they qualify for unemployment if they are actually fired?

      • Chanel,

        UI benefits are only offered to claimants who lose their job due to involuntary reasons. Personal incidents such as sickness may not be allowed. Please call the Unemployment Office for clarification.

    11. I worked full time 19 years for a retailer that closed business on 6/30/2018 and started a new job around 7/7/2018. I resigned on 9/20/2018 due to unrealistic expectations, constantly changing directions that conflicted with current directions, then demeaning talks about how this isn’t “previous company” and “not sure how you were a leader at “previous” company. This location has a history of this behavior with turnover to match.

    12. I am the only minority Asian guy in my unit, I worked in a NYC government agency for 10+ years, my only promotion was years ago, before my hiring manager retired. Since then, the Hispanic new manager has always told me he has no plan for promotion for me even though all my performance evaluations are satisfactory all these years. Mean while all white female coworkers have been promoted more than once and the woman from his country is also promoted manager.
      Lately I got a license that is gold standard in my work industry and the Hispanic manager has told me that I am unskilled, undeveloped and have already given enough chances to me to develop in a meeting.
      After the meeting, I feel repulsed and discriminated against.
      Do I quality for UI if I quit citing discrimination and unfair treatment or should I contact my EEO officer? I am very tired of his BS.

      • I can understand your situation. If you feel discriminated against, please contact EEO officer before making a decision to quit. Make use of local laws to get justice.

    13. 1. I work full time and I am going back to college to further my education, I have offered to reduce my hours to part time status will I be eligible if my employer decides to decline my part time status and I lose my job?
      2. I have a part time job will that affect how much I can receive from unemployment? and will I have to attempt to obtain full time employment while in school?

      • JP,

        Unemployment insurance benefits are only extended to claimants who lose their job due to involuntary reasons. Please call the Unemployment Office to determine eligibility.

    14. Hello,
      I’ve been with my firm for about 10 years full time. I’m being let go due to business re-structuring. I’m being given a lump some payment. I work in NYC.
      Can I still file for unemployment?

      • Juan,

        Yes, you can be eligible. If the lump sum payment is a one-time payout, please apply for UI benefits immediately. Else, please wait for it to end.

    15. I worked for a union truck company almost 20 years ago that contributed to my pension and they closed. My current employer I have worked for 15 years and they do not contribute to my pension, I have elected to collect my pension from the past now, and I was laid off from my current employer due to lack of work, can I collect both?

      • Mary,

        You should be able to collect both as long as you continue looking for employment. You may contact the Unemployment Office for clarification.

    16. I quit a job in May. Took a temporary full-time position in July and will conclude the assignment at the end of November. Would I qualify for any UI benefits? Worked Jan-April (4mos) and Jul-Nov (4mos) full-time.

      • Kevin,

        If the temporary employment paid into the system, you should be eligible to claim UI benefits. Please check with your employer or call the Unemployment Office for clarification.

    17. IF i work full time year round for my employer and own a seasonal farm stand llc thats open three months but work full time elsewhere can I draw unemployment if im layed off off the employer during the off season of my buisness?

      • Toni,

        People working in seasonal employment do not generally qualify due to obvious nature of work. Please contact the Unemployment Office to determine if you’re eligible.

    18. My job is offering a voluntary layoff due to restructuring and offering a severence package. If I take it will I still qualify for unemployment?

    19. I think im about to get fired from my job due to performance issues apparently even though I was told by my Union Representative that it cant happen. I want to resign due to the stress of the job and also I feel my manager/supervisors dont like me for whatever reason. Will i qualify for UI benefits?

      • Ashley,

        If you resign, it may be considered voluntary. However, if you’re able to prove the hostility and stressful environment, you can be eligible. Before making a decision, please call the Unemployment Office for clarification.

    20. I have been working third shift for the last 6 years and was told starting October 7th that my position was being moved to first and second shift. This interferes with my child care and ability to be home with my children. If I quit my job sue to this, am I eligible for Unemployment Benefits?

    21. My manager cut my salary twice for last month to 37% down because I didn’t meet my numbers. Can I quit and get unemployment because of this crazy cut? I would start to search something new then

      • Lil,

        If you quit, it will be considered voluntary since its “performance” in question. You may not be eligible to claim UI benefits.

    22. Am a seasonal employee for the city of nyc, for the past 7 yrs. I applied for the UI for 2 yrs in a roll and was denied. I used to get UI before with just 3 months of work. I start work at the ending of May and end in the middle of sept. will my wages of last year be used this year in order to be eligible for UI

    23. I work at a hotel and for the past 2 weeks I was only scheduled for 7 hours due to the lack of work. Can i claim partial unemployement for those weeks. I used to work 24-40hrs a week prior to that.

      • If you’re on the rolls of the Hotel, you can be eligible to claim partial UI benefits.

        Please consider applying for the hours lost.

    24. I’m working part time and collecting Social Security also (age 74). If I get laid off, will I be able to collect UI while collecting social security? If so will my Social security be reduced while collecting UI? Also I work at home in NY while the company is Virginia Based. Will that have any impact on collecting?

      • One can be eligible to collect UI benefits whilst drawing SS benefits. The impact and quantum depend on multiple factors.

        Please call the Unemployment Office in your state to discuss further.

    25. I am was hire full-time to work for an accounting firm. I have now been reduced to 4 days a week and was told that after June 30th that my hours are to be cut to 7 hours a day for 3 days a week. Can I quit and collect unemployment, or collect partial unemployment for those days that I am losing?

      • If you quit voluntarily, you will not be eligible to draw UI benefits.

        Instead, please consider applying for partial Unemployment for the hours lost.

    26. I resigned from my job last Friday and noted on my resignation that due to the stress from my job affecting my health that I was resigning on that day. The entire billing department resigned (except for one new employee of six months)due to on the job harassment. I have medical documentation for 2 visits to see my doctor within a month before I resigned. Can I apply for UI?

      • You can be eligible if you’re able to prove the hostile conditions and provide supporting documents in case of a dispute.

    27. This coming October I am most likely am going to be let go from my job because I have to do an internship for my Masters program. Will I be eligible for unemployment insurance? And what is the criteria for such a situation? Thanks

      • Unemployment Insurance benefits are only extended to those who lose their job due to involuntary reasons such as “Layoffs”.

    28. I am retired and have been working part time for years. I was delivering for a pharmacy part time for a few years I left for another part time job paying far better money. I have only been with the new job for almost 3 months. Today my new employer stated my job was being put on hold apparently after a conversation the Hospital cannot justify my salary for what I am doing. I asked if I was being laid off and she said no just being taken off the schedule until May. She said call her May 1st. Am I eligible for unemployment. I am healthy and willing to work. I was per diem if that helps. Thank you for your time and consideration in this most important matter…….Paul

      • There are multiple factors that come into play which includes the nature of employment. If you’re working on the payroll (not on contract), please call the Unemployment Office to ascertain eligibility.

    29. I was hurt at work but have been denied Worker’s Compensation. I have been unable to perform current full time duties due to circumstances resulting from original accident in 3/15 thru recurrence period of 8/28/15. Have not been offered light duty. It has been 17 months without income. Do I qualify for benefits?

      • Unfortunately, UI benefits are only offered to those who’re able and available for work.

        Please call the Unemployment Office for clarification.

    30. I recently signed a contract for a position not paid on an hourly basis. I declined the position later the same day and am concerned I may have become ineliglible for unemployment. I have not been paid by this company as my current employer is Verizon wireless and they are closing my contact center effective Jan 27, 2017. I will remain employed by them til that date as well as thay are paying a severance and health benefits for 21 weeks.

      • You can be eligible to claim UI benefits after the expiry of the severance payout if you haven’t found employment yet.

    31. I have been working at the same agency for over 4 years now, but only 4 of those months have been through a legit payroll system. The other payments were sent via PayPal. I received an email saying that that they need to lay me off due to financial constraints. Since I’ve only been on the books for 4 months, would I still qualify for unemployment? Thanks for your help.

      • UI benefits are generally not offered to contract workers.

        To qualify for benefits, one needs to have active employment in the last 4-5 calendar quarters.

    32. I was let go as a vendor from a company because I approached them about late payment. Must I be a full time employee before I claim for UI?

      • Depends. You can be eligible to quit the job voluntarily under hostile working conditions and receive UI compensation.

        Please call the Unemployment Office for further details.

    33. I work min hours at a fast food place and I went out on a personal injury. I work 27-28 hours a week. I work 1.5 years for this company. could I still get unemployed benefits.

      • Unfortunately, personal reasons such as health are not considered. If the injury is work related, please explore Workers Comp. program.

        If the hours were reduced involuntarily, please consider applying for UI benefits.

    34. 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?

    35. 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.

      • 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.

    36. 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?

      • 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.

    37. 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?

      • 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.

    38. 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.

      • 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.

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

    40. 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?

      • 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.

      • Not sure if you will be eligible.

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

    41. 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

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

        Ask your new employer about the identification number.

        • 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

    42. 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

      • Seasonal employment does not qualify.

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

    43. 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?

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

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