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The NYS Department of Labor follows federal guidelines on this. You must be able to work legally in the US to receive unemployment benefits. This includes citizens, permanent residents, and those with valid work visas or permits. If you're having trouble reaching someone at NYS Department of Labor to discuss your specific situation, I used Claimyr (claimyr.com) to get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. An agent could give you definitive information about your eligibility.
Also remember to report ANY income you earn during unemployment on your weekly claims, even if it's just $20 from a side gig. NYS Department of Labor will find out eventually and then you'll owe back all the benefits plus penalties. Better to be honest upfront.
If you're having trouble getting through to NYS Department of Labor to ask about specific eligibility requirements, I had success using a service called Claimyr (claimyr.com) that helped me reach an actual agent. They have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth checking out if you need to speak with someone directly about your brother's situation.
The system is so confusing for young people trying to enter the workforce! My daughter had similar questions when she was in high school. Even if he doesn't qualify now, tell him to keep track of his earnings and work history because it might help him later if he faces unemployment after building up more work experience.
I had trouble getting through to NYS Department of Labor when I needed to speak with someone about my claim status. If you run into issues reaching them by phone, I used a service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Really saved me hours of trying to call myself.
make sure you file your weekly claims every week even if your initial claim is still processing!! I made that mistake and it delayed everything
NeonNebula
The restaurant industry can be complicated for unemployment because of tip reporting issues. Make sure all your wages were properly reported to NYS Department of Labor by your employer. Sometimes cash tips that weren't reported can affect your benefit calculation even if you technically worked enough.
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Anastasia Kozlov
omg yes the tip thing is so confusing!! i worked at a diner and they barely reported any of my tips so my wages looked super low on the unemployment application
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NeonNebula
•That's unfortunately common in the restaurant industry. You might need to provide additional documentation to NYS Department of Labor to show your actual earnings if tips weren't properly reported.
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