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?
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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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Molly Hansen
•This is super helpful to hear from someone who actually works there! Just to make sure I understand correctly - if my weekly benefit amount ends up being say $400, then I could earn up to $100 (25% of $400) from my part-time job without any reduction to my unemployment benefits? And anything over that $100 would be deducted dollar-for-dollar from the $400? I want to make sure I'm calculating this right before I file my claim.
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Ellie Kim
•@Sophia Russo Thank you so much for this clear explanation! As someone dealing with this exact situation, it s'really reassuring to hear directly from a NYS DOL employee. I have one follow-up question - when you say I need to be available "for full-time work, does" that mean I can t'schedule my part-time retail shifts during typical business hours when potential employers might want to interview me? I m'worried about how to balance keeping my current part-time income while still being truly available for new full-time opportunities.
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Alberto Souchard
•@Sophia Russo This is exactly the kind of official guidance I was hoping to find! I m'in a very similar situation to the original poster - just lost my main job but still have weekend work. Your breakdown of the 25% threshold rule is really helpful. One thing I m'curious about - does the NYS Department of Labor have any specific guidelines about what counts as actively "job searching when" you already have some part-time work? Like do I need to apply to a certain number of jobs per week, or is there flexibility since I m'already partially employed?
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Andre Moreau
•@Sophia Russo This is incredibly helpful! I ve'been stressing about this for days since getting laid off. Quick question - when I file my weekly certification online, is there a specific section where I report the part-time earnings, or do I need to call it in? I want to make sure I m'doing everything correctly from the start so there are no issues down the road. Also, does it matter that my part-time job is in retail while my main job was in an office setting - like do they consider industry when calculating benefits?
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