Eligibility for Unemployment in New York

It is important to understand NY eligibility for unemployment to ensure that you are better prepared in the event of a loss of employment or a reduction in work hours. To meet the qualifications for unemployment in New York, you must be unemployed or experiencing a reduction in hours through no fault of your own. You must also meet earnings requirements, be able to work and be available should any job opportunity present itself. Additionally, unemployment eligibility requirements state that you must engage in weekly work search efforts if you wish to maintain your unemployment insurance eligibility and continue receiving benefits. It is also important to know who does not qualify for unemployment benefits. To learn how to qualify for unemployment, review the sections that have been provided below.

Who qualifies for unemployment in New York?

Understanding eligibility for unemployment in New York prior to following the unemployment application process can help you better navigate the process. By understanding unemployment insurance qualifications, you will be better prepared for the application process, and you will know what is expected of you after you begin receiving NY unemployment benefits in the state. Unemployment insurance benefits are an incredible financial resource for those who have recently become unemployed or are experiencing a reduction in hours. These benefits are paid for entirely by New York employers and are never deducted from an employee’s pay.

In order to be meet qualifications for unemployment, you must have earned a minimum amount of earnings in the past 12 to 18 months. Those earnings do not need to be from one sole employer.

Qualifications for Unemployment in New York Regarding Job Separation

In order to be meet eligibility for unemployment in New York, you must be experiencing a reduction of hours or have lost employment through no fault of your own. Layoffs can happen for a number of reasons, such as when a company is downsizing or going out of business. You will likely meet unemployment insurance eligibility if you were laid off from work, so long as the layoff was not voluntary. A person who qualifies for unemployment may also receive benefits if no reason was given for his or her termination.

You may still meet qualifications for unemployment in NY if you were terminated from a job, as long as the termination meets certain criteria. Whether or not you meet unemployment insurance eligibility requirements will depend on the reason for your termination. If you were terminated due to misconduct, such as a violation in company policy, tardiness or failing to work your scheduled shift, then you will not be eligible to receive unemployment benefits in New York. However, you may still be eligible for UI benefits if you were fired due to a lack of skill or because you were not a good fit. Additionally, you will be eligible for unemployment benefits if you were wrongfully terminated. Learn more about eligibility by downloading our free in-depth guide.

NY eligibility for EDD after a voluntary resignation will also depend on the reason of your resignation. In order to be eligible for unemployment compensation, you must have “good cause” to quit. Good cause can encompass quitting after an employer does not resolve a sexual harassment case, work safety issues and avoiding criminal activity. For example, commercial drivers have work restrictions that are federally mandated. You may qualify for unemployment benefits if an employer forces you to work beyond these restrictions and you have documentation of this. In some cases, you may also qualify for unemployment insurance if you quit due to a severe illness or injury to yourself or a dependent.

It is worth knowing that it may take longer to determine your eligibility for unemployment benefits if you were terminated or if you resigned from your position.

Able and Available to Work in New York

You may be wondering, “What are the requirements to get unemployment in New York?” which is a straightforward question with several different answers. One of the key factors in determining your unemployment insurance eligibility will be your ability and availability to work. In order to be considered able to work, you must be physically and mentally capable of accepting a position immediately. In order to meet unemployment program requirements, you must be capable of working immediately if a position is offered. That means that:

  • You must have transportation.
  • You must have child care arranged, when applicable.
  • You cannot have unreasonable work hour requirements.
  • You cannot have unreasonable wage requirements.
  • You cannot have unreasonable work distance requirements.

New York Unemployment Insurance Eligibility Work Requirements

In order to continue to be eligible for unemployment in New York, you are required to complete a certain number of search activities each week. Each work search activity must be done on a different day of the week. One work search activity for maintaining unemployment eligibility qualifications involves using employment resources at any local New York State Career Center. Resources include meeting with Career Center advisors and gathering information about jobs that are available, participating in instructional workshops and obtaining job referrals. When maintaining your UI qualifications, you also have the option of visiting a potential job site and completing a job application, responding to online job ads and attending job search seminars. If you obtain an interview, that interview can also be counted toward your three work search requirements for the week. Your eligibility for EDD in New York could be revoked should you fail to keep a record of your activities.

Who Does Not Meet Eligibility for EDD in New York?

You will not meet eligibility for unemployment in New York if you do not meet wage requirements, job separation requirements or work search requirements. You are also not eligible if you are not currently able and available to work. However, there are additional reasons that you could be denied eligibility for EDD during your initial unemployment claim or while receiving benefits, such as:

  • If you refuse new employment or to return to a previous position without good cause
  • If you participate in any labor dispute, such as a strike
  • If you cannot provide documentation for your work search activities
  • If you are incarcerated

While each of these disqualifications will carry a minimum amount of time that you will be ineligible for benefits, the most severe is if you were lost your job due to a criminal act. In cases such as these, you will not be eligible for unemployment in New York for 12 months after the loss of employment. You can learn more about eligibility for the program in our free comprehensive guide.