Evanston, IL asked in Employment Law, Gov & Administrative Law and Workers' Compensation for New York

Q: NY State: I thought am ineligible for unemployment benefits but it turns out that I am. Can I file retroactively?

I thought I was ineligible for unemployment as I was fired for misconduct. However, it turns out that I am eligible, even though I turned in my application 3.5 months late. As such, I missed all of this time of unemployment benefits prior to my application date. Can I file with NY state to retrieve retroactive payments?

3 Lawyer Answers
Bruce McBrien
Bruce McBrien
Answered
  • Hauppauge, NY
  • Licensed in New York

A: You can still file for benefits but it will be difficult to recover if you did not file for your weekly benefits over the past 3.5 months. The Department of Labor requires that you file for benefits every week, even when you have been denied and are trying to overturn the decision. In NY State you are entitled to 26 weeks of benefits during the year so you may get benefits going forward if you are still out of work, you have not lost those weeks.

It's not clear from your question if you have been granted benefits. You should call an attorney who understands unemployment law and review all the details.

Barry E. Janay agrees with this answer

V. Jonas Urba
V. Jonas Urba
Answered
  • New York, NY
  • Licensed in New York

A: Did you weekly certify your presence and availability to work? Otherwise the state has no way to verify that you did not leave the state or the country.

You should receive up to 6 months of benefits so long as you weekly certify and qualify otherwise.

Barry E. Janay
PREMIUM
Barry E. Janay PRO label
Answered
  • Florham Park, NJ
  • Licensed in New York

A: You can, there is a procedure to receive them, it requires certifying that you were looking for work. An unemployment attorney and the Dept. of Labor representatives can assist you.

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