wait so if I understand this right - if I get laid off again next year I'd have to wait a whole year before I can file for another 26 weeks? or can you file again right away if you worked enough after your last claim?

Just wanted to add that you should also keep in mind that NY has a "waiting week" - the first week you file usually doesn't get paid, but it does count toward establishing your claim. So even though you get 26 weeks of payments, you'll actually be filing for 27 weeks total. Also, make sure you're keeping detailed records of your job search activities from day one because they can ask for that information at any time during your claim period. I learned this the hard way when they requested my job search log after week 10 and I had to scramble to reconstruct everything.

This whole system is a mess. They make it so confusing on purpose so people don't claim what they're owed. I've been dealing with NYS Department of Labor for months and still don't have clear answers about my eligibility.

I'm in a similar situation - working in hospitality and my hours got cut from full-time to about 15 hours a week. I was scared to file because I thought you had to be completely unemployed, but after reading these responses I'm definitely going to apply for partial benefits. @Liam Mendez - from what I've researched, you do still need to do job search activities even on partial unemployment, but the requirements might be reduced since you're still working. You should check the specific requirements when you file your claim. Don't wait like I did!

Wait so if I just started a really good paying job but only worked there 2 months before getting laid off, my unemployment would be based on my old crappy job from last year?? That seems unfair

I went through this same confusion when I first applied! What really helped me understand it was looking at my wage transcript on the NYS DOL website. They break down each quarter and show exactly which employers reported what wages. In your case with the restaurant jobs, if you were working multiple places during the same quarters, those wages all get added together for that period. So even though your most recent job paid more per hour, if your highest total quarterly earnings were from when you were working at the $15/hour place (maybe working more hours or overtime), that would be what determines your benefit amount. The system is definitely not intuitive but once you see the actual numbers it makes more sense.

One thing to watch out for - make sure you report any severance pay you might have received. That can affect when your benefits start. Also if you worked in multiple states, that can complicate things, but since you said it was just the one job in NY you should be fine filing a regular claim with NYS Department of Labor.

Hugo, based on what you've described, you should definitely be eligible for unemployment benefits in NY. Being laid off due to business reasons (not misconduct) qualifies you, and 8 months of work history should meet the earnings requirements if you were making $16/hour consistently. A few tips: 1) File your claim online at labor.ny.gov as soon as possible - you can backdate up to one week but don't delay, 2) Have your Social Security card, driver's license, and employment records ready when you apply, 3) Start keeping a job search log right away since you'll need to document those 3 weekly job contacts. The online application walks you through everything step by step. Good luck!

FINAL UPDATE: The money hit my account this morning! For anyone else who makes a certification mistake - make sure you speak with someone who can actually approve the correction, not just submit it. Regular agents seem to give standard timeframes that aren't accurate for these special cases. Huge relief to finally have this resolved.

So glad to see this resolved! This thread is really helpful for understanding the difference between getting a correction "submitted" vs actually "approved." I'm dealing with a similar issue right now where I accidentally marked the wrong earnings amount during certification. It's been 6 days since they said it was "fixed" but my payment is still showing as pending. Based on what everyone shared here, sounds like I need to call back and specifically ask to speak with someone who can actually approve the correction, not just the regular agents who can only see the status. Thanks for all the detailed updates - this gives me hope that it can actually get resolved quickly once you reach the right person!