Can you file for unemployment if you have another job - NYS Department of Labor rules?
I just got laid off from my main job last week but I still have a part-time weekend job at a retail store. Can I still file for unemployment benefits with NYS Department of Labor even though I'm working this other job? I'm only making about $180 a week at the part-time job but my main job was paying $850 weekly. I'm worried the unemployment office will deny my claim because I'm technically still employed somewhere. Has anyone dealt with this situation before?
12 comments

Klaus Schmidt
Yes, you can absolutely file for unemployment benefits even if you have part-time work! NYS Department of Labor allows you to work and collect benefits as long as you report all wages correctly. You'll need to report your part-time earnings when you file your weekly claim, and they'll reduce your benefit amount based on what you earn. The key is being honest about all income on your weekly certification.
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Esmeralda Gómez
•That's a relief! Do you know how much they reduce the benefits by? Like if I make $180 that week, do they take the full amount off my unemployment check?
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Aisha Patel
The formula is kind of complicated but basically NYS Department of Labor lets you keep some of your part-time earnings without it affecting your UI benefits. I think you can earn up to 25% of your weekly benefit rate without any reduction, then after that they start deducting dollar for dollar. You should definitely file your claim though - worst case scenario they just reduce your benefits, they won't deny you completely for having part-time work.
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LilMama23
•wait really?? I thought ANY work meant you couldn't get unemployment at all. This is news to me!
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Dmitri Volkov
Been there! I was in almost the exact same situation last year - lost my full-time office job but kept my weekend catering gig. NYS Department of Labor was totally fine with it as long as I reported everything honestly on my weekly claims. Just make sure you're available for full-time work and actively job searching, because that's still a requirement even with part-time income.
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Esmeralda Gómez
•How did you handle the job search requirement? Did you have to prove you were looking for full-time work specifically?
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Gabrielle Dubois
I had so much trouble reaching someone at NYS Department of Labor to ask about this exact question when I was in a similar spot. The phone lines are always jammed and the website wasn't super clear about working while on unemployment. I ended up using this service called Claimyr (claimyr.com) that got me through to an actual agent in like 15 minutes. They have a video demo that shows how it works: https://youtu.be/qyftW-mnTNI. The agent I spoke with explained the whole part-time work situation really clearly.
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Tyrone Johnson
•Interesting, never heard of that service before. Did they charge you or was it free to use?
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Gabrielle Dubois
•They do charge but honestly it was worth it just to get a real person on the phone who could answer my questions properly instead of guessing from the website.
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Ingrid Larsson
just file and see what happens tbh. worst they can do is say no right? i worked part time when i was on unemployment and it was fine
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Klaus Schmidt
•While that might work out, it's better to understand the rules upfront so you don't accidentally make mistakes on your weekly claims that could cause issues later.
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Sophia Russo
I work for NYS Department of Labor and can confirm that you can definitely file for unemployment benefits while working part-time! The key things to remember: 1) Report ALL earnings on your weekly certification - even if it's just $1, 2) You can earn up to 25% of your weekly benefit rate without any reduction to your UI benefits, 3) After that threshold, benefits are reduced but not eliminated, and 4) You must still be available for full-time work and actively job searching. With your part-time income of $180/week, you'll likely still receive a significant portion of your unemployment benefits. Don't let the part-time job stop you from filing - many people are in similar situations and the system is designed to help workers transitioning between jobs.
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