What to Know About Applying for Unemployment in New York City

It’s a tough job market right now for lots of New Yorkers. 

As Elon Musk’s Department of Government Efficiency (DOGE) continues to cut staff across federal agencies, at least 942 former federal workers have filed for unemployment in New York State in the last two months according to a Department of Labor spokesperson.

That doesn’t count people cut from jobs with nonprofits or services organizations affected directly by federal budget cuts. And more federal layoffs are likely soon.

For example, the Trump administration is reportedly planning to cut over 80,000 employees from the Department of Veterans’ Affairs, and New York City has some of the highest concentrations of VA hospitals in the country.

And it’s not just people in federal jobs: February saw the most job cuts nationally since Covid, including in retail, tech, and finance.

If you lose your job in New York, you have a safety net: unemployment insurance benefits, often referred to as simply “unemployment.” The state Department of Labor runs the benefit system, which is funded by taxes on employers.

Claiming unemployment can get you up to $504 a week, depending on how much you’ve earned per quarter in the previous year. 

Here’s what you need to know about filing for unemployment insurance benefits in NYC:

Who qualifies for unemployment insurance benefits?

In New York, you can file for unemployment if you meet these criteria:

You lost your job through no fault of your own

You have worked in New York in the last 18 months — not necessarily lived here, but worked here

You are ready, willing and able to work and are actively looking for a new job

and you’re authorized to work in the U.S.

The first part — that you lost your job through no fault of your own — covers almost all layoffs. If you’re fired, it’s definitely harder to get benefits, but not always impossible. If you were fired for alleged misconduct, your ability to receive benefits depends on whether your employer gave you enough notice that you were doing something wrong.

“Usually you have to have received a prior warning for the same behavior, so you have to know or should’ve known that the job was in jeopardy,” explained lawyer Elizabeth Saylor, the director of the Employment Law unit at the Legal Aid Society.

For example, if you were fired because you had shown up to work late a number of times, that’s a legitimate reason for firing. But, unless your boss had given you a warning that showing up late would result in you being fired, you may still be able to collect unemployment. 

 “I see people initially denied sometimes for misconduct, but usually we can win at a hearing.”

Since you must be authorized to work in the U.S. to claim benefits, undocumented people and people here without work authorization — including through travel or student visas — cannot receive unemployment.

Before you get laid off

If you know that your job might be in jeopardy, get your ducks in a row.

“Two tips that I could give somebody while they’re employed is to do the ID verification and use the time to get all your documents,” said Nicholas Posada, a director of contract reporting at the Fortune Society. He’s coordinated benefits for 15 years for people who have been incarcerated that are reentering the workforce.

In order to apply for unemployment benefits, you may need to verify your identity through the ID Me system — a digital “identity wallet” used by both the private and public sector. It requires scanning your driver’s license, Social Security card or birth certificate, and then entering a video chat with a representative so that they can confirm who you are on camera. 

Other than identifying documents like your Social Security card, you should also make sure that you have your recent tax documents and W2 forms or, if you were paid in cash, some way to track your earnings — a spreadsheet, notebook or copies of the checks. 

“The number one thing is to document everything,” before you leave your job, said Saylor. “Get a copy of your personnel file.” 

Make sure you have the personal emails of any colleagues you may want to reach out to, and if you have any kind of evaluation of your work — performance reviews, even emails saying you’re doing a good job — save those as well. If for some reason you get denied unemployment, these can be useful pieces of evidence to appeal the decision before an administrative law judge, independent from the DOL.

No matter how bad it gets, don’t quit your job if you need to collect unemployment — unless you have good cause. “Good cause” is a set of reasons to leave a job that state law recognizes as compelling.

“It’s okay if you quit to care for an ill or disabled family member, or because you don’t have childcare,” said Saylor. “If you’re having a mental health emergency, you ask for accommodations or for leave and they don’t give that to you and you quit, that’s okay.”

Once you have lost your job, Saylor says you shouldn’t wait to file — you want to begin claiming benefits as soon as possible. 

“There’s one week after you file that you will not get benefits, but you’re eligible for benefits after that,” she said.

How to file

You file for unemployment by going to the Department of Labor website or by calling the Telephone Claim Center at 1-888-209-8124. There is currently no in-person option to file for unemployment.

If you already have an NY.gov ID login — for example from the DMV, or from the state’s healthcare marketplace — make sure you use the same username and password. And beware of creating a duplicate account, experts say.

“If you have an account already and you cannot recover it, do not create another one, because it attaches to your Social Security number,” Posada urged. If you can’t get in, go through the steps here or contact the help desk — anything else will cause a glitch in the system, and you’ll have to call them to fix it anyway.

Once you’re in, you’re going to be asked a series of questions. 

“You’re going to need the first day you worked, the last day you worked, who laid you off, your title, how you found out,” Posada said. 

You’re also going to need to know how much you’ve earned in the last 18 months — answer to the best of your ability, and do not guess. Use your tax forms and paystubs to fill in the correct information. The DOL has their own record of how much you’ve earned because your employer reports it to the government quarterly. 

“It’s kind of like talking to a cop,” Posada said. “If you give them information in the application and it’s way off — that’s not a good look.” 

But don’t let this discourage you. You’re not going to go to jail for a small error on your unemployment form. Just do your best to be accurate, experts say.

How to get your money

When it comes to actually receiving the benefits, you can get the money transferred in two ways: either through direct deposit, or on a prepaid card like you can get for Social Security.

According to Posada, the first option is far superior.

“I would urge everyone to do direct deposit,” he said. If something goes wrong with the card, it’s more of a hassle to fix the issue.

How much money can you claim, and for how long?

You can claim unemployment for up to 26 weeks, or half of a year. 

The money you receive is based on how much you earned in the past 18 months: your total wages in the quarter where you earned the most money are divided by 26 to come up with your weekly benefit pay. For example, if you were working a minimum wage job, you would be paid around $304 a week. You can see how much you would likely receive using this calculator.  

The most money you can get from weekly benefits is $504, which using the DOL’s calculation model would be received by anyone who made a salary of around $52,000 and up. 

“New York’s maximum benefit is extraordinarily low,” said Saylor. For comparison, New Jersey’s maximum is $854 weekly, and Massachusetts’ is $1,051.

The benefit system is funded by taxes on employers — and even though $504 a week is low compared to other states, some businesses here still complain that the tax is too high. State lawmakers have proposed using reserves to bailout the unemployment program, which would increase the weekly benefit while allowing the tax rate to stay as-is, and help New York repay debt to the federal government from Covid-19. But even with the extra money, it wouldn’t be a permanent fix. 

Common pitfalls in the claim process

Once you file and you’re approved, you still have to file a claim every week in order to receive benefits.

“A lot of people make the mistake of giving up and not claiming,” said Posada. “If you don’t claim a week, you’re not gonna get paid for that week.”

He’s worked with people whose claims were initially denied by their employers, but because they continued to certify weekly during the appeal process, they eventually were repaid for all of the weeks they had claimed.

“Certify weekly,” Saylor confirmed. “Even if you’re not getting benefits, even if you’ve been denied benefits.” 

Another crucial part of receiving unemployment benefits is that you must be “ready, willing and able” to work. That means that if you’re out of the country — or even out of the state — you are not eligible. 

“If you were in Aruba sitting on the beach, then you should put those days” when the form asks if there were any days you were not willing to work, Posada said.

You must also be actively looking for work and tracking your progress: according to the Unemployment Insurance Claimant Handbook, you must complete at least three “job search activities” a day. To prove that you’re searching, keep a work search record or use the recommended JobZone website. 

As with other inaccuracies on your claim, if you overrepresent your job search or claim benefits without tracking where you’ve applied, you can be denied benefits. And if the DOL believes that you’ve lied rather than simply made a mistake, you can be fined as well.

Requesting an appeal: 30-day clock

Another pitfall that Saylor sees is people missing the window to appeal a decision when their benefits have been denied. 

“What is extremely important when you’re either denied, or you get an overpayment, or any kind of notice that’s negative, you must request a hearing in 30 days,” she explained. “It’s a pretty strict limit.”

If you’re having trouble with your claim and are facing long hold times over the phone, Posada says you can try contacting a local representative to escalate your request.

“During Covid I told people to call their City Councilmember’s office,” he explained. “Say ‘I’m a registered voter in your district and I can’t get a hold of anyone in Albany about my unemployment insurance.’” 

THE CITY reported last year that you can also seek help from your state Assemblymember or Senator.

“That’s why it’s important to be a registered voter,” Posada said. Telling that to your rep may help your case.

When in doubt, file — just be honest

Even if you think you might not be eligible — like if you were fired — try filing for unemployment anyway.

“Its worth applying,” said Posada. “The worst they’re gonna do is say no.” 

Posada stressed that the most important part about the application process is honesty. Don’t exaggerate or guess to answer questions. Take the time to figure out the information you’ll need, like how much you made per quarter or how many hours you worked part-time in the past week. 

If you’re transparent about your situation, you may be able to qualify for benefits that you didn’t know you were eligible for. And the worst case scenario is that the DOL would deny your claim.

However, if you lie, you can face fines.

“If they determine something is wrong and you got a benefit for that week, they’ll take that back  and a penalty to discourage cheating,” Posada said.

Be patient, and how to get help

Some parts of the process may take time: you could be on hold on the phone for a long time if you try to recertify, or not receive payments when you thought you would.

Posada’s main advice: “Be patient. Government doesn’t do things quickly,” he said. “And try and find help if you’re jammed up.”

If you’ve been impacted by the criminal justice system, you can find that help with Posada at The Fortune Society. 

Unfortunately, there aren’t a lot of organizations specifically dedicated to helping people with unemployment. You can visit one of the city’s Workforce 1 locations to access job training and career help, and the New York Public Library system also provides free career services events. 

For help applying for unemployment, neighborhood nonprofit organizations that help people with benefits broadly may be able to assist.

“If you find someone that helps with food stamps, call them and be like ‘Do you help with unemployment insurance?’” Posada said. “They might. And you can apply for both at the same time.”

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