New York Unemployment Eligibility

Not everyone is eligible for unemployment in New York, but under certain circumstances and with the right requirements, unemployment can be paid. For example, if your job was a temporary or seasonal position in which your services are no longer needed, your chances for receiving unemployment increase. Your chances are also raised if your company was downsized or shutdown, or other situations that are beyond your personal control.

However, there are also restrictions that bar people from receiving unemployment. If you were fired for directly violating a company policy or procedure, such as absenteeism or insubordination, you will not qualify. Also, if you freely quit your job for personal reasons, you will not receive unemployment. Retirees who are unemployed and not seeking work will not qualify. Retirees who do actively seek employment can receive benefits without respect to Social Security.

Working part-time may also qualify you for unemployment in New York. Those who work less than four days a week and earn less than $405 a week may also be eligible. However, there is a maximum amount that can be received and if you ever make more than $405 in a single week, no unemployment will be paid for that week.

Those in the military service also are eligible for unemployment. The serviceman must have been in active duty for a minimum of 90 days. In addition, if his or her discharge was due to a personality disorder, medical situation such as pregnancy or injury, or government convenience, eligibility for unemployment is forfeited.

Pregnancy does not affect the eligibility for unemployment in New York. The only instances in which pregnancy does have an impact is if the woman is on company granted leave, took a personal leave of absence, or quit voluntarily. A pregnant woman may not be eligible if she is physically capable of obtaining work.

Illegal aliens are under no circumstances eligible for unemployment benefits. Those who are not citizens but are legally allowed to work in the United States follow a different set of restrictions. If they were legally working at their previous job and can legally continue working in the United States, they may receive unemployment benefits.

All claims for unemployment must be filed within New York. Those who live outside the state but have worked for a continuous 18 months in New York must also file within the state.