New York State Website

Dislocated Worker Questions & Answers

 

I have been laid off. Am I a dislocated worker?

A dislocated worker is defined as a worker who:

(A)

(i)

has been terminated or laid off, or who has received a notice of termination or layoff, from employment;

 

(ii)

(I) is eligible for or has exhausted entitlement to unemployment compensation; or

 

 

(II) has been employed for a duration sufficient to demonstrate to the appropriate entity at a One-Stop Center, attachment to the workforce, but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that were not covered under state unemployment compensation law; and

 

(iii)

and is unlikely to return to a previous industry or occupation;

 

 

 

(B)

(i)

has been terminated or laid off, or received notice of termination or layoff, from employment as a result of any permanent closure of or substantial layoff at a plant, facility or enterprise;

 

(ii)

is employed at a facility at which the employer has made a general announcement that such facility will close within 180 days; or

 

(iii)

is employed at a facility at which the employer has made a general announcement that such facility will close;

 

 

 

(C)

was self-employed but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters; or

 

 

 

(D)

is a displaced homemaker (A displaced homemaker is an individual who has been providing unpaid services to family members in the home and has been dependent on the income of another family member but is no longer supported by that income and is unemployed or underemployed and experiencing difficulty in obtaining or upgrading employment).

How do I file for unemployment insurance benefits?

New York State residents may apply for unemployment insurance (UI) benefits online at www.labor.state.ny.us by following the prompts to file a new claim. You may also file a claim by calling our Telephone Claims Center at 1-888-209-8124 for New York State residents and 1-877-358-5306 for out of state residents. 

If you choose to file your claim by phone, an automated voice will offer you the choice of filing in English, Spanish, Russian, Cantonese, Mandarin, Creole, or "all other languages", wherein translation services will be provided. Callers who are hearing- or speech-challenged or have difficulty using the telephone for any reason may also request that a friend or relative assist in the telephone claims process. Hearing impaired individuals, who have Telephone Device for the Deaf (TTY/TDD) equipment, may file a claim by calling a relay operator at 1-800-662-1220 and requesting the operator to call 1-888-783-1370. Service at this number will only be provided to callers using TDD equipment.

File your claim during your first week of total or partial unemployment - to delay may cost you benefits.

What information do I need to have to file my claim?

  • Your Social Security number.
  • Your New York State driver's license or Motor Vehicle ID card number, if you have one.
  • Your mailing address and zip code.
  • A telephone number where you can be contacted for additional information.
  • Your alien registration card number, if you have one.
  • The names and addresses of all employers for whom you've worked within the last 18 months, including those in another state.
  • Your copies of forms SF8 and SF50, if you had federal employment within the last 18 months.
  • Your copy of your most recent separation form DD 214, if you are an ex-service member claiming benefits based on your military service.

If you do not have all of the documents listed above, you may still file a claim. There may be some delay, however, in receiving your first payment.

Canadian residents must file for unemployment insurance benefits by calling the Telephone Claims Center at 1-877-358-5306.  If your most recent employer has a Canadian address, you must file by calling the Telephone Claims Center at 1-888-209-8124 for New York State residents and 1-877-358-5306 for out of state residents.

Should I wait a week before filing my claim?

No. File your claim during your first week of total or partial unemployment, which is any week in which you work less than four days and earn less than $405 gross. To delay may cost you benefits. It is important to file timely because your first week is an unpaid week referred to as the ‘waiting period’.

Where do I go to receive services and get information?

Services in New York State are provided through the One-Stop System. Within this system, there are One-Stop Career Centers – one physical location that houses a variety of employment service providers – and a network of affiliated sites. A listing of One-Stop Career Centers can be found on the Workforce Development web site at onestops.htm.

What can I expect to find at a One-Stop Center?

One-Stop Centers have Resource Rooms that are equipped with computers and reference materials to aid in career decision-making and job seeking. Computers are available to conduct Internet searches, type and print resumes and cover letters, and access Federal and State job bank listings. Reference materials may include the daily newspaper, books on resume writing and interviewing techniques, business periodicals, college catalogues, phone books and literature about services available in the local community.

Knowledgeable staff are available to assist in using the Resource Room, doing an advanced job search, developing an employment plan (including the development of a resume), and identifying funding for training, if needed.

What other services are available to a dislocated worker at the One-Stop Center?

If you are unable to obtain employment through the core services available in the Resource Room, the following services would also be available:

  • Comprehensive and specialized assessments of skills and service needs of the dislocated worker;
  • Development of Individual employment plan;
  • Group counseling;
  • Individual counseling and career planning;
  • Case management for participants seeking training services;
  • Short term prevocational services.

What if I still can't find work or my skills are too specialized?

For those who can't find work through the above listed services, funds may be available for training in a demand occupation. Training services may include:

  • Occupational skills training, including training in nontraditional employment;
  • On-the-job training;
  • Programs that combine workplace training with related instructions, which may include cooperative education programs;
  • Training programs operated by the private sector;
  • Skills upgrade and retraining;
  • Entrepreneurial training;
  • Job readiness training;
  • Adult education and literacy activities in combination with the above training activities.

How do I find out about COBRA coverage and how do I elect to take it?

Employers or health plan administrators must provide an initial general notice if you are entitled to COBRA benefits. You probably received the initial notice about COBRA coverage when you were hired. When you are no longer eligible for health coverage, your employer has to provide you with a specific notice regarding your rights to COBRA continuation benefits. Here is the sequence of events:

  • First, employers must notify their plan administrators within 30 days after an employee's termination or after a reduction in hours that causes an employee to lose health benefits.
  • Next, the plan administrator must provide notice to individual employees of their right to elect COBRA coverage within 14 days after the administrator has received notice from the employer.
  • Finally, you must respond to this notice and elect COBRA coverage by the 60th day after the written notice is sent or the day health care coverage ceased, whichever is later. Otherwise, you will lose all rights to COBRA benefits.

Spouses and dependent children covered under your health plan have an independent right to elect COBRA coverage upon your termination or reduction in hours. If, for instance, you have a family member with an illness at the time you are laid off, that person alone can elect coverage.

If I elect COBRA, how much do I pay?

When you were an active employee, your employer may have paid all or part of your group health premiums. Under COBRA, as a former employee no longer receiving benefits, you will usually pay the entire premium amount—that is, the premium that you paid as an active employee plus the amount of the contribution made by your employer. In addition, there may be a 2 percent administrative fee. While COBRA rates may seem high, you will be paying group premium rates, which are usually lower than individual rates.

Since it is likely that there will be a lapse of a month or more between the date of layoff and the time you make the COBRA election decision, you may have to pay health premiums retroactively—from the time of separation from the company. The first premium, for instance, will cover the entire time since your last day of employment with your former employer. You should also be aware that it is your responsibility to pay for COBRA coverage even if you do not receive a monthly statement. Although they are not required to do so, some employers may subsidize COBRA coverage.

When does COBRA coverage begin?

Once you elect coverage and pay for it, COBRA coverage begins on the date that health care coverage ceased. It is, essentially, retroactive. In addition, the health care coverage you receive is the same as it is for active employees.

How long does COBRA coverage last?

Generally, individuals who qualify initially are covered for a maximum of 18 months, but coverage may end earlier under certain circumstances. Those circumstances include:

  • Premiums are not paid on time;
  • Your former employer decides to discontinue a health plan altogether;
  • You obtain coverage with another employer's group health plan; (There may be some exception if your new employer's health plan excludes or limits benefits for a "preexisting" condition—basically a medical condition present before you enrolled in the plan. Please see the discussion on HIPAA that follows.)
  • You become entitled to Medicare benefits.

Employers may offer longer periods of COBRA coverage but are only required to do so under special circumstances, such as disability (yours or a family member's), your death or divorce, or when your child ceases to meet the definition of a dependent child under the health plan.

Who can answer other COBRA questions?

COBRA administration is shared by three federal agencies. The Department of Labor (DOL) handles questions about notification rights under COBRA for private-sector employees. The Department of Health and Human Services (HHS) handles questions relating to state and local government workers. The Internal Revenue Service (IRS), Department of the Treasury, has other COBRA jurisdiction.

More details about COBRA coverage are included in the booklet Health Benefits under the Consolidated Omnibus Budget Reconciliation Act. Information on how to obtain a copy and telephone numbers for the DOL office nearest you are located at the back of this booklet. You may obtain telephone numbers for the nearest HHS and IRS offices by calling the Federal Information Center at: 1-800-688-9889.

Where can I get more information on these issues?

The following web sites have such information:

For various sources of information on victims benefits and assistance:
http://www.firstgov.gov/Topics/Usgresponse/Victims_Benefits.shtml