Can you file for unemployment if you still have a job - NYS Department of Labor rules?
I'm really confused about this and hoping someone can clarify. My hours at work got cut from 40 to about 15 per week due to slow business. A coworker mentioned I might be able to file for unemployment even though I'm still technically employed. Is this actually possible with NYS Department of Labor? I don't want to get in trouble for filing when I shouldn't, but the reduced income is really hurting my ability to pay rent. Has anyone been in a similar situation where you're still working but making way less?
11 comments


Harmony Love
Yes, you can absolutely file for partial unemployment benefits in New York! This is called 'partial unemployment' and it's designed exactly for situations like yours where your hours have been significantly reduced. You need to earn less than the weekly benefit amount you'd qualify for if you were totally unemployed. The NYS Department of Labor will calculate what you're eligible for based on your reduced earnings versus your normal wages.
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McKenzie Shade
•Thank you! Do I need to report my weekly earnings when I file my weekly claim? I want to make sure I do this correctly.
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Rudy Cenizo
I did this last year when my restaurant cut everyone's shifts. You have to report exactly how much you earn each week when you file your weekly claim certification. NYS Department of Labor has a formula where they deduct part of your earnings from your benefit amount. You still get something as long as you're earning less than your full weekly benefit rate plus $50. Just be super accurate with reporting your wages or you could get hit with an overpayment later.
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Natalie Khan
•This is so helpful! I had no idea you could do partial unemployment. My hours got cut too but I thought I was just stuck.
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Daryl Bright
wait so you can collect unemployment while working?? that seems wrong somehow, like wouldn't that be fraud or something?
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Harmony Love
•No, it's completely legal and encouraged! Partial unemployment helps people bridge the gap when their hours are reduced through no fault of their own. It's better than having people quit their jobs just to get benefits.
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Sienna Gomez
Just went through this myself. The key thing is you have to be available for full-time work and actively searching for a better job that pays more. NYS Department of Labor still requires you to do job searches even when you're working part-time. Also make sure your employer knows you're filing - some places get weird about it but they can't legally retaliate. I had trouble reaching someone at NYS Department of Labor to ask questions about my specific situation, but I found this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made the whole process way less stressful.
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McKenzie Shade
•Good point about the job search requirement. I'll definitely check out that Claimyr thing if I have trouble getting through to anyone.
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Kirsuktow DarkBlade
My sister did this when her hours got cut at the retail store. Just make sure you report EVERYTHING accurately - every dollar you earn, every hour you work. The NYS Department of Labor computer system will flag inconsistencies and that can trigger an investigation. Better to be overly detailed than miss something.
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Ella rollingthunder87
I was in almost the exact same situation last fall! My hours dropped from full-time to about 12-15 hours per week at my retail job. Filing for partial unemployment was honestly a lifesaver. The process is pretty straightforward - you apply just like you would for regular unemployment, but then each week when you certify, you report your actual earnings. The system automatically calculates how much benefit you get based on what you earned that week. One thing that surprised me was that I could still get some benefits even when I had a slightly better week with more hours. As long as your weekly earnings are below your maximum benefit amount, you'll get something. Just be patient with the initial application process - it took about 3 weeks for my first payment to come through, but once it was set up, the weekly claims were easy to do online.
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Diego Vargas
•This is exactly what I needed to hear! Thank you for sharing your experience. The 3-week wait for the first payment is good to know - I was wondering how long the initial setup takes. It's reassuring to know that even if I have a better week with a few more hours, I might still get some benefit. I'm definitely going to start the application process this week.
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