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Mia Green

Can you file for unemployment if you have a job - NYS Department of Labor rules?

This might sound weird but I'm wondering if you can file for unemployment if you still technically have a job? My hours got cut from 40 to like 15 per week at the restaurant where I work and I'm barely making enough to cover rent. A coworker mentioned something about partial unemployment but I don't really understand how that works with NYS Department of Labor. Would I even qualify? Don't want to mess anything up or get in trouble for filing when I shouldn't.

Emma Bianchi

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Yes, you can absolutely file for partial unemployment benefits in New York! If your hours were reduced through no fault of your own, you may qualify for partial UI benefits. The key is that your weekly earnings must be less than your weekly benefit rate. NYS Department of Labor has specific calculations for this - they'll subtract a portion of your earnings from your full benefit amount. You should definitely apply since reduced hours due to lack of work is a qualifying reason.

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Mia Green

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Oh wow really? I had no idea this was even a thing. Do I file the same way as regular unemployment or is there a different process?

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Same exact process through my.ny.gov - you file a regular unemployment claim and then report your earnings each week when you do your weekly claim certification. Just make sure you report ALL earnings from work, even if it's just a few hours. NYS Department of Labor will calculate if you're eligible for partial benefits that week based on what you earned vs your benefit rate.

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This is so confusing though... how do they know if my hours were cut vs me just asking for less hours? Will they contact my employer?

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Emma Bianchi

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They may contact your employer during the adjudication process to verify the reason for reduced hours. That's why it's important to be truthful - if you requested the hour reduction, that could disqualify you. But if it was due to lack of business/work available, you should be fine. Document everything about when and why your hours were cut.

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Charlie Yang

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been there! my retail job cut everyone's hours last year and I got partial unemployment for like 3 months. saved my butt honestly. just report everything accurately and you'll be fine

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Grace Patel

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UGH the phone system for NYS Department of Labor is impossible if you need to call with questions about this stuff. I tried calling for WEEKS when I had partial unemployment issues and could never get through. Ended up using this service called Claimyr that gets you connected to an actual agent - check out claimyr.com and there's a demo video at https://youtu.be/qyftW-mnTNI. Worth it if you run into any problems with your claim.

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ApolloJackson

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Never heard of that but honestly anything is better than sitting on hold for hours just to get disconnected

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Just keep in mind you still have to do job searches even with partial unemployment. Some people think since they have a job they don't need to look for other work but NYS Department of Labor still requires it unless you're on standby status.

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@Mia Green I was in almost the exact same situation last month! Restaurant hours got slashed due to slow business and I was panicking about rent. Filed for partial unemployment through my.ny.gov and it was honestly pretty straightforward. The weekly certification is key - just be super honest about every dollar you earn that week. NYS calculates it automatically and you'll usually get a partial payment that helps bridge the gap. Definitely worth applying since involuntary hour reduction totally qualifies you. Don't stress about "getting in trouble" - you're doing exactly what the system is designed for!

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