Can you get unemployment if you get fired from a part time job - NYS Department of Labor eligibility?
Got terminated from my part-time retail job last week after working there for 8 months. Manager said it was for attendance issues but I was only late a couple times due to my other job schedule conflicts. I was working about 25 hours per week making $16/hour. Never filed for unemployment before and not sure if part-time workers can even qualify? Does NYS Department of Labor have different rules for part-time vs full-time when you get fired? Really need the income while I look for something else.
21 comments


Cassandra Moon
Yes, you can definitely apply for unemployment benefits even if you were working part-time when terminated. NYS Department of Labor doesn't distinguish between part-time and full-time for basic eligibility. What matters is that you earned enough wages during your base period and that the termination wasn't due to misconduct. Since you mentioned attendance issues, that could potentially be considered misconduct depending on the specifics. You'll need to file a claim and let NYS Department of Labor review your case during adjudication.
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Eli Wang
•Thanks! What exactly counts as misconduct for attendance? I was only late maybe 3-4 times in 8 months and never called out sick.
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Zane Hernandez
I got fired from a part time job too last year and got approved for UI benefits. The key thing is you need to have worked enough hours and earned enough wages in your base period. For 2025 you need at least $3,300 in wages in your highest earning quarter. Since you worked 8 months at $16/hour for 25 hours weekly that should put you over the threshold easily.
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Genevieve Cavalier
•Wait really? I thought you needed more than that to qualify
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Cassandra Moon
•The wage requirements are actually higher now - you need at least $3,300 in your highest quarter AND total wages of at least 1.5 times your high quarter wages across the entire base period.
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Ethan Scott
honestly the attendance thing might hurt you... my friend got denied because they said chronic lateness was misconduct even though she was never formally written up. NYS Department of Labor can be really strict about that stuff. Did your employer document the attendance issues or give you any warnings?
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Eli Wang
•I got one verbal warning about a month ago but nothing written. The manager just said they needed someone more reliable.
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Lola Perez
You should definitely apply regardless. Even if there's a misconduct issue, you can appeal if you get denied. I had a similar situation and it took forever to get through to someone at NYS Department of Labor to explain my side. The phone lines are always jammed and you get disconnected constantly. Super frustrating when you're already stressed about money. I ended up using 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 showing how it works. Made the whole process way less stressful.
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Nathaniel Stewart
•Never heard of that service before but sounds helpful. The NYS Department of Labor phone system is absolutely terrible.
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Genevieve Cavalier
just apply online at my.ny.gov and see what happens. worst case they say no and you appeal. the weekly benefit amount will be based on your wages so it won't be huge but better than nothing
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Ravi Sharma
I was in a similar situation a few years ago - got fired from a part-time restaurant job for attendance issues. The good news is you can absolutely qualify for unemployment benefits as a part-time worker. NYS doesn't discriminate between part-time and full-time employment for eligibility. With your wages ($16/hr x 25 hrs/week x 8 months), you should easily meet the monetary requirements. The attendance issue is concerning though - being late 3-4 times could potentially be viewed as misconduct depending on how your employer documented it and whether they gave you proper warnings. Since you only had one verbal warning, you might have a decent case. I'd recommend applying online immediately and being completely honest about the circumstances. If you get denied for misconduct, you can always appeal and present your side of the story. Don't let fear of denial stop you from applying - you've paid into the system and deserve a fair review of your case.
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Kirsuktow DarkBlade
•This is really helpful advice! I'm curious about the appeal process - how long did it take when you appealed and what kind of documentation did you need to provide? I'm worried about the time it might take since I need income ASAP.
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Anastasia Fedorov
Just wanted to add my experience - I was terminated from a part-time position at a retail store for similar reasons (attendance/tardiness) and was initially denied for misconduct. However, I successfully appealed by showing that the employer's attendance policy was inconsistently enforced and that I never received proper progressive discipline. Key things that helped my case: I documented all my shifts and attendance records, showed that other employees had similar issues without termination, and emphasized that my tardiness was due to conflicts with my primary job (showing I was actively working). The appeal hearing took about 6 weeks to schedule, but I was awarded benefits retroactively. My advice: apply immediately, document everything you can remember about your employment and the termination, and don't give up if initially denied. The burden is on the employer to prove misconduct, not on you to prove innocence.
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Angelica Smith
•This is exactly what I needed to hear! Your case sounds very similar to mine. I'm definitely going to start documenting everything I can remember about my shifts and any inconsistencies in how they handled other employees. Did you keep any records while you were working there, or did you have to rely on memory and whatever you could gather after termination? Also, when you mention showing conflicts with your primary job - I assume you had another job too? That's exactly my situation since I mentioned schedule conflicts between jobs being the reason for my lateness.
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Gabriel Ruiz
•@Anastasia Fedorov Your situation gives me a lot of hope! I mostly relied on memory since I didn t'think to keep detailed records while working, but I do have some text messages with my manager about scheduling conflicts that might help. And yes, I had another part-time job that sometimes ran late which caused the conflicts with my retail job. It sounds like having multiple jobs actually worked in your favor during the appeal - did the hearing officer seem sympathetic to the fact that you were actively working and trying to manage multiple schedules? I m'going to start writing down everything I can remember about inconsistent enforcement too.
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Nasira Ibanez
I'm new here but going through a similar situation right now. Just got let go from my part-time warehouse job for what they called "performance issues" but I think it was really because I couldn't work the overtime they kept asking for due to my college classes. Reading through all these responses is super helpful - especially learning that part-time workers can qualify and that the monetary requirements aren't as high as I thought. I'm definitely going to apply online today. Quick question though - if I'm currently a full-time student, does that affect my eligibility at all? I was working about 20 hours a week while taking classes. Thanks everyone for sharing your experiences, it's making me feel less anxious about the whole process!
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Liam O'Reilly
•@Nasira Ibanez Being a full-time student shouldn t'disqualify you from unemployment benefits in New York as long as you re'able and available to work. The key is demonstrating that you can accept suitable employment - so you ll'need to show you have availability outside of your class schedule for potential jobs. Since you were already working 20 hours while in school, that actually helps prove you can balance both. The performance "issues termination" might be easier to challenge than misconduct for attendance, especially if you can show it was really about your unavailability for overtime rather than actual job performance problems. Definitely apply online and be honest about your student status - NYS Department of Labor will evaluate your individual situation. Good luck!
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Katherine Ziminski
I went through this exact situation about 6 months ago - part-time job, fired for attendance, successfully got unemployment benefits. Here's what I learned: First, apply immediately online at labor.ny.gov (not my.ny.gov as someone mentioned). You absolutely can qualify as a part-time worker - I was only working 22 hours/week. The key is meeting the wage requirements, which you likely do with 8 months at $16/hour. For the attendance issue, document everything you can remember - dates you were late, reasons why, any communications with your manager, company policies, how other employees were treated. The fact that you only had one verbal warning actually works in your favor. Many people get denied initially but win on appeal. Don't let that discourage you from applying. The worst they can say is no, and then you have the right to appeal with a hearing where you can present your side. Start your claim ASAP because there's a waiting period, and benefits are only paid from the date you file, not from when you were terminated. You've got this!
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Dmitry Petrov
•@Katherine Ziminski Thank you so much for this detailed breakdown! I really appreciate you correcting the website - I ll'make sure to use labor.ny.gov when I apply. It s'reassuring to hear from someone who went through the exact same situation and came out successful. I m'definitely going to start documenting everything I can remember right away. One question - when you mention there s'a waiting period, about how long was it before you started receiving benefits? I m'trying to plan my finances while I job search. Also, did you end up needing to go through the appeal process or were you approved on the first try? Your experience gives me a lot of confidence that this is worth pursuing!
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Kelsey Hawkins
I just want to add that being late due to conflicts with another job actually strengthens your case rather than hurts it. NYS Department of Labor recognizes that many people work multiple jobs to make ends meet, and schedule conflicts between jobs don't typically constitute misconduct - especially when you're making a good faith effort to fulfill both obligations. The fact that you were only late "a couple times" over 8 months shows you were generally reliable. I'd recommend when you file your claim, emphasize that the tardiness was due to your commitment to maintaining multiple jobs rather than any lack of reliability or work ethic. Document your other job's schedule and any communications you had with your retail manager about the conflicts. This context could be crucial if your case goes to adjudication or appeal. Also, don't wait - file immediately since you can't get benefits for weeks before you apply, even if you're ultimately approved.
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Ava Rodriguez
•@Kelsey Hawkins This is such an important point that I hadn t'considered before! You re'absolutely right that working multiple jobs actually shows work ethic rather than unreliability. I was so worried about the attendance issue being seen negatively, but framing it as schedule conflicts between legitimate employment really changes the perspective. I do have text messages with my retail manager where I explained that my other job was running over, which should help demonstrate that I was communicating about the conflicts rather than just showing up late without explanation. I m'feeling much more confident about applying now after reading everyone s'experiences and advice. Going to file online today and make sure to emphasize my commitment to working multiple jobs. Thanks for helping me see this situation in a more positive light!
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