Filing an Unemployment Claim - New York

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You must be unemployed through no fault of your own, and you must have earned sufficient wages in your base period (the first 4 of the last 5 completed calendar quarters before the start date of your claim, or alternatively the last 4 quarters). Also, you must be able and available for full-time work.

Your weekly benefit rate is one twenty-sixth (1/26) of the high quarter wages paid to you in your base period. See the New York Department of Labor for more information on how to calculate your benefit amount.

The length of time that you will receive benefits is also based on how much you made during the base period, but not more than 26 weeks.

You must continue to file weekly online. Also, you must continue to be able and available for full-time work. You must actively seek employment, while keeping a record of your work search activities using the Work Search Record. You must do at least three work search activities per week. Finally, you must accept suitable work, and after 13 weeks of benefits, suitable work may include work that pays 80% of your normal wages and work that you have no formal training for.

You must appeal within 30 days of the date of the decision for denial. Your appeal must be in writing, and it must be mailed to the New York State Department of Labor or faxed. You can also request a hearing online. Also, you must keep filing your weekly claims regularly because you will only be paid for weeks you filed if you win your appeal.

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.