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Can my dad file for NY unemployment after being recalled for only 3 days in 2025?

I'm posting this for my father who's in a confusing situation with his job and unemployment. He was laid off from his employer about two years ago. This past weekend, they suddenly recalled him back just to work for 3 days. The company hasn't offered him any other work days for the entire year so far. Would this qualify as grounds to file a new NY unemployment claim? He's wondering if the 3-day recall affects his eligibility since it's such minimal work. Any insights would be really helpful as he's trying to figure out his next steps.

Sean Matthews

Yes, your father can still file for unemployment. If he worked just 3 days after a long period of unemployment, he's likely eligible to file a new claim or continue an existing one if it hasn't expired. In NY, you need to report any work and earnings when certifying, but working 3 days in a year is well below what would disqualify someone. He should file/certify ASAP and make sure to accurately report those 3 days of work when asked.

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Mikayla Brown

Thanks for the quick response! His previous claim expired a while ago, so sounds like he needs to file a new one. Do you know if the 3 days of work will reset his benefit amount or anything like that? He's worried that it might somehow reduce what he qualifies for.

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Ali Anderson

My cousin had something similar happen last month. Got called back for 2 days after being laid off for over a year. He just filed a new claim and was fine. The key thing is being honest about the days worked when you certify each week.

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Zadie Patel

This happened to me too but they DENIED my claim!!! Said I was still 'attached' to my employer even though I only worked 1 shift in 4 months! The system is RIGGED against workers who are basically still unemployed but technically employed. Your dad needs to call and explain his situation to an ACTUAL PERSON not just rely on the online system!!!

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A Man D Mortal

did they tell him if he's getting more days or is it just the 3 days? cuz that makes a difference i think. if they're not giving him regular work he should def apply

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Mikayla Brown

They weren't clear about future work. Just called him in for those 3 days and then nothing. No schedule, no promises of more shifts. It's been really frustrating for him.

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Declan Ramirez

The 3 days thing sounds suspicious to me. Sometimes companies do this to mess with unemployment status without actually providing real employment. Has he checked if they're doing this to others too?

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A Man D Mortal

yeah this happened at my old job too they would call people in for like 1 day a month just to keep them as

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Emma Morales

Your father should absolutely file a new claim. Working only 3 days in 2025 clearly qualifies as being unemployed. The NY Department of Labor considers someone employed when they work 4 or more days in a week, regardless of how much they earn. Since he's only worked 3 days total this year, he's eligible.\n\nMake sure he reports those 3 days when filing. His benefit rate will be calculated based on his earnings during the base period (typically the first 4 of the last 5 completed calendar quarters before filing). Those 3 days won't significantly impact his benefit amount unless they were extremely high-paying.\n\nThe important thing is to file as soon as possible since benefits aren't retroactive beyond the week you apply.

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Mikayla Brown

Thank you for the detailed explanation! This is really helpful. I'll let him know to file right away and make sure he reports those 3 days correctly. Do you know if he needs any specific documentation from the employer about why they're not giving him more work days?

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Katherine Hunter

I had a nightmare trying to get through to NY unemployment when I was in a similar situation last year. Spent WEEKS trying to talk to someone who could help with my partial employment situation. Finally used a service called Claimyr (claimyr.com) that got me connected to an agent in about 20 minutes instead of waiting days. They have a video showing how it works: https://youtu.be/Rdqa1gKtxuE\n\nOnce I got through to a real person, they explained exactly how to handle my claim with the few days I'd worked. Made all the difference having someone walk me through the specific details of my situation.

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Mikayla Brown

Thanks for the tip! My dad has been trying to call them with no luck. I'll check out that service if he keeps having trouble getting through. Definitely seems worth it to get a clear answer about his specific situation.

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Zadie Patel

Your dad needs to find out WHY they called him back for only 3 days!!! Is it a temporary project? Are they testing him out? Or are they just playing games with unemployment status??? This matters because if they claim they \

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Mikayla Brown

That's a really good point I hadn't considered. I'll suggest he email his manager asking for clarification about his employment status and why he was only given 3 days. Better to have something in writing just in case.

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Ali Anderson

Just one more thing - when he files make sure he uses the right employer info. My brother-in-law made a mistake on his application and it took forever to fix. The NY system is not forgiving with errors!

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A Man D Mortal

so true!! i put the wrong start date on mine and they froze my account for like 3 weeks while they

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Sean Matthews

To address your follow-up question about benefit amounts: The 3 days of work shouldn't reset or significantly change his benefit amount. NY calculates benefits based on a base period that looks at several quarters of past earnings. A few days of work in 2025 would be a very small part of this calculation.\n\nOne important thing to note: If his previous unemployment claim expired, and he hasn't worked much since then, he may need to use what's called an \

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Mikayla Brown

This is super helpful information, especially about the alternate base period. He hasn't had much work since his original layoff, so it sounds like that might apply to his situation. I'll make sure he mentions this when filing. Thank you!

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