I work in HR and can confirm what others have said about the appeal levels. In NY, employers get one shot at the ALJ hearing, then one final appeal to the UI Appeal Board. After that, the only option is Article 78 proceedings in state court, which requires showing the Board acted illegally or outside their authority - not just disagreeing with their decision. Most employers drop it after losing at the Appeal Board because court appeals are expensive and rarely successful unless there was a clear procedural error. Keep documenting everything and stay strong - you're probably near the end of this ordeal!

I'm going through a similar situation right now where my former employer appealed after I was laid off in a restructuring. What I've learned is that some companies have policies to automatically appeal every unemployment claim, thinking it will deter future claims or reduce their UI tax rates. It's frustrating but try to stay patient - the system is designed to eventually weed out frivolous appeals. Make sure you keep all your documentation from the layoff (emails, notices, etc.) and continue filing your weekly claims. The repeated losses should work in your favor when it gets to the Appeal Board level.

Just make sure you keep detailed records of your restaurant job hours and pay. NYS Department of Labor will want to see everything when you file your weekly claims. Also be prepared for the job search requirements - you'll still need to look for additional work even though you have the one job.

I went through this exact situation about 6 months ago when I lost my morning shift job but kept my evening restaurant work. The process was actually pretty straightforward once I understood it. You'll file your initial claim reporting both jobs (the one you lost and the one you're keeping), and NYS Department of Labor will calculate your weekly benefit amount based on your total earnings history. Then each week when you certify, you report whatever you earned from the restaurant job and they'll pay you the difference if you qualify. Just be honest about everything and keep good records - they may ask for pay stubs from both jobs during the application process.

Just wanted to add that you should definitely keep detailed records of all your income from both jobs when you file. I'd recommend creating a simple spreadsheet or using a notebook to track your retail hours and freelance payments week by week. This will make filling out your weekly certifications much easier and help you avoid any issues if NYS Department of Labor ever needs to verify your reported income. Also, don't let the complexity discourage you - if your hours got cut that significantly, you're likely eligible for at least partial benefits and every bit helps!

I went through this exact situation last year! You're definitely eligible for partial unemployment benefits. The key thing to remember is that NYS Department of Labor looks at your "total weekly earnings" versus your "weekly benefit rate" to determine your partial benefit amount. Since your retail hours dropped from 25 to 8 hours per week, that's a significant reduction that should qualify you. When you file, make sure to report your base period wages from both jobs during the initial application, then report ALL weekly earnings (retail + freelance) on your weekly certifications. The system will automatically calculate what you're owed. Don't stress about the irregular freelance income - just report exactly what you earn each week, even if it's $0 some weeks and $200 others. Better to file and get some help than struggle financially!

The NYS Department of Labor website has a benefit calculator but honestly it's pretty confusing to use. I just waited until my first payment to see what I actually got. Ended up being $489 per week which was better than I expected.

Don't forget about taxes! They don't automatically withhold federal taxes from unemployment benefits so you might want to elect to have them taken out or set money aside. I learned this the hard way last year.

same thing happened to my neighbor, she just ignored it and nothing happened to her unemployment

I'd also recommend documenting everything - keep copies of all the legal papers you received, any correspondence with the debt collector, and your unemployment benefit statements. If you do need to go to court, having this documentation will help prove that your only income is protected unemployment benefits. Also, if the debt collector continues to harass you after you've informed them about the exempt status of your benefits, that could be a violation of debt collection laws and you might want to consult with a consumer rights attorney.