Can I draw unemployment benefits in NY - confused about eligibility requirements
I'm really confused about whether I can draw unemployment benefits or not. I worked at a restaurant for about 8 months before they cut my hours down to like 10 hours a week. My manager said business was slow but I think they're just trying to avoid paying benefits. I heard you can get unemployment if your hours get cut but I'm not sure if I qualify since I'm technically still employed. Can someone explain if I can draw unemployment in this situation? I really need the money to pay rent.
12 comments


William Rivera
Yes, you may be eligible for partial unemployment benefits in New York! When your hours are significantly reduced, you can file a claim with NYS Department of Labor. You'll need to report your reduced weekly earnings, and they'll calculate a partial benefit amount. The key is that your weekly earnings must be less than your weekly benefit rate. You should file your claim as soon as possible since there's usually a waiting week.
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Kayla Jacobson
•Thanks! So I can still work the few hours they're giving me and collect unemployment at the same time? That seems too good to be true.
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Grace Lee
I was in a similar situation last year. You definitely can draw partial unemployment when your hours get cut like that. Just make sure you report all your earnings when you file your weekly claims. NYS Department of Labor will deduct a portion of what you earn from your benefit amount, but you'll still come out ahead financially. The process is pretty straightforward once you get started.
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Mia Roberts
•How long did it take for your claim to get approved? I've been waiting for 2 weeks already.
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The Boss
ugh the unemployment system is so confusing!! i tried to file online but got stuck on some question about being able and available for work. if im still working part time does that mean im not available for full time work?? this is giving me anxiety
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William Rivera
•Don't worry! Being available for work just means you're ready to accept suitable full-time employment if offered. Working part-time doesn't disqualify you - just answer honestly that you're seeking full-time work.
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Evan Kalinowski
If you're having trouble reaching NYS Department of Labor by phone to ask questions about your eligibility, I had success using Claimyr to get through to an actual agent. Their website is claimyr.com and they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I was stuck in phone queue hell for days before trying their service, and they got me connected within an hour. Really helped me understand my partial unemployment situation.
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Victoria Charity
•Never heard of that service before. Did it actually work or is it just another scam?
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Evan Kalinowski
•It's legit - they basically handle the calling and waiting for you. Was worth it for me since I couldn't get through on my own after multiple attempts.
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Victoria Charity
Restaurant industry is notorious for pulling this crap. They cut your hours instead of laying you off properly so they don't have to pay into the unemployment system as much. At least NY lets you collect partial benefits unlike some states. Make sure you document everything in case they try to fight your claim later.
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Kayla Jacobson
•That makes sense why they're doing this then. Should I keep records of my old schedule vs the new one?
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Jasmine Quinn
same thing happened to my cousin but she was working retail not food service, still got approved though so you should be fine
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