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NY unemployment application question: How to answer if I lost main job due to layoff but quit part-time job months earlier?

I got laid off back in August 2022 because my company was downsizing. Now I'm trying to file for unemployment benefits in New York state through their labor.ny.gov/UBQC/ulGateway website, and one of the questions in the Eligibility Information, Part 1 section is really throwing me off. The form specifically asks: "1. Did you lose all of your employment in the last 18 months due to lack of work?" with Yes/No options. The thing is, I had a second part-time gig on weekends that I quit on my own about 4 months before getting laid off from my main job. So technically I didn't lose ALL employment due to lack of work. But my main job that provided 80% of my income was definitely from lack of work. Then there's a follow-up question: "1a. If you answered 'no' to question 1, did you earn more than $5040 gross pay from your most recent employer?" with Yes/No/NA options. I definitely earned more than $5040 from my main job (the one I was laid off from). If I answer "No" to the first question (since I didn't lose ALL employment due to lack of work), and then "Yes" to the follow-up about earning more than $5040 from my most recent employer, will that mess up my claim? I'm really confused about how to answer these questions correctly. The NY state unemployment system seems pretty specific with their wording, and I don't want to answer incorrectly and potentially lose benefits. Anyone dealt with this before and know the right way to answer these questions in my situation?

I went through this exact same situation about 8 months ago! Had a main job at a publishing company and was doing some weekend work at a coffee shop that I quit in February because the early morning shifts were exhausting me before my regular workday. Then got laid off from my main job in June due to company downsizing. The wording on those questions definitely confused me too, but here's what I learned after successfully getting through the process: Answer NO to question 1 since you didn't lose ALL employment due to lack of work (you voluntarily quit the part-time job), then YES to question 1a since your main job definitely paid more than $5040. I was super worried that quitting the coffee shop job would hurt my claim, but it had zero impact on my eligibility. During my phone interview, they asked about both jobs - I explained that I left the coffee shop due to schedule conflicts and was laid off from my main job due to budget cuts. Since my primary income source was clearly lost through no fault of my own, I got approved and started receiving benefits after the waiting week. The whole process took about 2-3 weeks from application to first payment. Just be completely honest about your work history and remember that they're really focused on whether your main source of income was lost involuntarily. You should be totally fine - don't stress too much about it!

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This thread has been absolutely incredible! I'm in such a similar situation - got laid off from my main job about a month ago but had quit a small evening job earlier this year. I was so confused by those NY unemployment questions and honestly pretty scared I'd mess something up and lose my benefits. Reading through everyone's real experiences has been such a huge relief - it's clear that the system really does focus on your primary income source being lost involuntarily rather than trying to penalize you for smaller jobs you left on your own. I'll definitely go with NO to question 1 and YES to 1a based on all the consistent advice here. Thanks so much to everyone who took the time to share their actual experiences - it makes navigating this stressful process so much less overwhelming!

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I went through this exact situation about 10 months ago! Had a main job at a healthcare clinic and was doing some evening dog walking that I quit in January because it was getting too physically demanding after long workdays. Then got laid off from my clinic job in May due to staffing cuts. The question wording is really confusing, but after successfully completing the whole process, here's what worked for me: Answer NO to question 1 since you didn't lose ALL employment due to lack of work (you voluntarily quit the part-time job), then YES to question 1a since your main job definitely paid more than $5040. I was really nervous about this too because I thought quitting the dog walking would somehow affect my eligibility, but it had absolutely no impact on my claim. During my phone interview, they asked about both positions - I explained that I stopped the dog walking due to physical strain and was laid off from my clinic job due to budget reductions. Since my primary income source was clearly lost through no fault of my own, I got approved without any issues. The whole process took about 2-3 weeks from application to first payment. Just be honest about your work history and focus on the fact that your main source of income was lost involuntarily. The system really is designed to identify whether your primary income was lost through no fault of your own - you should be good to go!

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This entire discussion has been so incredibly helpful! I'm actually in the exact same situation right now - got laid off from my main job at a software company about 2 months ago due to company restructuring, but I had quit a small weekend retail job about 4 months before that because the hours were conflicting with my primary work schedule. I was really stressing about those confusing questions on the NY unemployment form and was worried I might accidentally answer wrong and mess up my whole claim. Reading through all these real success stories from people who've been in practically identical situations has been such a huge relief. It's so clear from everyone's experiences that the system is really designed to focus on whether your primary income source was lost through no fault of your own, not to penalize you for smaller jobs you might have left voluntarily. I'm definitely going to answer NO to question 1 and YES to 1a based on all the consistent advice throughout this thread. Thanks so much to everyone who took the time to share their actual experiences - it makes navigating this whole stressful process feel so much more manageable when you can learn from people who've actually been through it successfully!

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The NYS Department of Labor phone lines are impossible to get through to ask questions like this. I've been trying for days to speak with someone about my specific situation. Has anyone had luck actually reaching an agent recently?

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I had the same problem until someone told me about Claimyr (claimyr.com). They have this service that helps you get through to NYS Department of Labor agents. I watched their demo video (https://youtu.be/qyftW-mnTNI) and decided to try it when I was stuck in adjudication. Got connected to an agent the same day and finally got my claim resolved. Might be worth checking out if you're having trouble getting through.

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Thanks for the suggestion! I'll definitely look into that. At this point I'm willing to try anything to get some answers about my eligibility.

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Aria Park

just apply and see what happens. worst they can say is no right?

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@Miguel Ortiz great point about income reporting! Maya, I went through a similar situation a couple years ago with mixed employment. One thing that really helped me was creating a simple spreadsheet to track all income sources before I even applied - it made the weekly certification process much smoother. Also, if you do qualify, consider setting aside a small percentage of any landscaping income you continue to earn, just in case there are any calculation errors or overpayments down the line. The DOL can be slow to process appeals if issues arise later.

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@Anna Stewart that s'really smart about the spreadsheet - I wish I d'thought of that earlier! Maya, another thing I discovered when I was researching this is that if you worked for the construction company through a staffing agency, that could complicate things. Some temp agencies handle unemployment taxes differently. You might want to check if your paystubs showed the construction company directly or if there was a staffing agency involved. Also, if you re'planning to keep your landscaping business going while collecting benefits, make sure you understand the able "and available requirements" - you can t'turn down suitable work just because you prefer to focus on your business.

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I'm also dealing with this exact situation right now! I'm planning to visit my brother in Arizona for 6 days while on NYS unemployment benefits and was really anxious about it until I found this thread. Reading through everyone's detailed experiences has been so reassuring - it's clear that NYS Department of Labor is understanding when you handle things properly. I'm going to follow the proven approach that so many of you have successfully used: call the department beforehand for official guidance, maintain my daily job search routine while I'm there, keep detailed records of all applications, and make sure I have reliable internet access. The "working trip" concept that keeps coming up really makes sense - I'll treat it as continuing my job search from a different location rather than taking a break from looking for work. I especially appreciate the practical advice about mobile hotspots and being upfront with potential employers about travel dates. It's encouraging to see that multiple people have even had successful interviews while visiting family. Thanks to everyone for sharing your real experiences - this thread has given me the confidence to visit my brother without fear of losing my benefits, as long as I do everything transparently and responsibly!

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This entire discussion has been incredibly helpful for all of us dealing with this situation! I'm also planning to visit family while on NYS unemployment benefits and was really worried about it until I found this thread. What strikes me most is how consistent everyone's successful experiences have been - it really shows that following the right approach works. The key points that keep coming up are so valuable: calling NYS Department of Labor ahead of time, treating it as a working trip by maintaining daily job searches, having reliable internet access, and being completely transparent throughout the process. I'm particularly impressed by how many people successfully conducted interviews while traveling - it really demonstrates that being upfront with employers is the professional way to handle this. I'm definitely going to create a detailed plan based on all the advice shared here: call the department before I leave, set up a mobile hotspot for backup internet, focus on remote job applications, and keep thorough documentation of everything. It's such a relief to know that family visits are understood as normal life situations when you maintain your job search responsibilities. Thanks to everyone for creating such a comprehensive resource - this thread should definitely help many other people in similar situations!

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I'm also on NYS unemployment benefits and planning to visit my family in Connecticut for about 5 days next month. This thread has been absolutely amazing - I was really stressed about potentially affecting my benefits, but seeing all these detailed success stories has given me so much confidence! The consistent advice across everyone's experiences is really clear: call NYS Department of Labor beforehand, maintain your job search activities while traveling, document everything thoroughly, and approach it as a working trip rather than a vacation from job searching. I'm particularly grateful for the practical tips about mobile hotspots, keeping detailed spreadsheets of applications, and being transparent with potential employers about travel dates. It's so encouraging to see that multiple people have successfully maintained their benefits and even conducted interviews while visiting family. I'm definitely going to follow this proven formula - call for official guidance, continue applying to remote positions daily, ensure reliable internet access, and be prepared to return immediately if needed. The "working trip" mindset that everyone keeps mentioning really helps frame this correctly. Thanks to everyone who took the time to share their real experiences - this thread has been invaluable for those of us navigating this situation for the first time!

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ugh the whole system is so frustrating!! they make it impossible to get benefits even when you legitimately need them. i know people who got denied for the stupidest reasons

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The rules exist for a reason though. The system has to prevent fraud while helping people who genuinely lost their jobs through no fault of their own.

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Before you quit, definitely document everything you can about the toxic behavior - save any inappropriate emails, texts, or messages from your manager. Write down dates, times, and details of incidents with witnesses present if possible. Also check if your company has an employee handbook that outlines policies about workplace conduct - violations of their own policies can strengthen your case for "good cause" if you do end up quitting. The key is showing you tried to resolve it through proper channels first and that the situation was genuinely intolerable.

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This is really helpful advice! I didn't think about checking the employee handbook for policy violations. That could definitely help build a case. Do you know if screenshots of text messages or recorded conversations (if legal) would be considered good documentation too?

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The adjudication process for business owners is a nightmare! I've been waiting 3 weeks just to speak to someone at NYS Department of Labor about my eligibility. Every time I call the main number I get disconnected or put on hold for hours. Has anyone found a way to actually reach a real person there?

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I had the same problem with getting through to NYS Department of Labor. Someone on here mentioned a service called Claimyr (claimyr.com) that helps you connect directly with unemployment agents. I tried it and actually got through to someone within 20 minutes. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth checking out if you're stuck in phone hell like I was.

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Thanks I'll look into that! Anything is better than sitting on hold for 3 hours just to get hung up on.

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Just be honest on your application about being the business owner. NYS Department of Labor will find out anyway when they verify your employment history. The key is showing that the closure was due to economic necessity, not choice. Good luck!

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@Giovanni Rossi This is great advice! I d'also suggest gathering any documentation that shows the business closure was involuntary - things like unpaid vendor bills, bank notices about insufficient funds, or correspondence with suppliers about payment issues. The more you can demonstrate it was economic necessity rather than a strategic decision, the stronger your case will be with NYS Department of Labor.

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