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Am I eligible for unemployement in New York if I quit a job and was then laid off from the next job.

by Peter
(NY, NY)

I am located in NYC. I quit my job #1 (was there for 15 months)last Oct for job #2. Job #2 laid me off after 3 months.

1) Am I eligible for unemployement?
2) If yes, who pays for the unemployment? Job # 1 or #2?

Hi Peter,

Yes, you should be eligible. It's the last separation that determines eligibility for unemployment.

It's the wages that determines your weekly benefit amount and wages earned from the first employer will account for the majority of wages they will be looking at. As to who situations such as yours, I'd have to look at NY's statutes to determine whether employer #1 is eligible to be non-charged for this situation.

Generally, in most states the benefits would come out of a general fund and not be charged to the non liable employer's account.

If a person in New York just ups and quits their job, they can purge the disqualification quitting without cause creates, by returning to work and working at least 3 days in each of 5 weeks and earning at least 5 times their weekly benefit amount and then if they are separated from employment for a reason that allows payment, like yours, they collect.

Since you more than did that and were laid off, you're good to go.


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