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Carmen Lopez

Can you get unemployment if you work part time - NYS Department of Labor rules?

I'm really confused about the NYS Department of Labor rules for partial unemployment. I lost my full-time retail job last month but found a part-time position that only gives me 18 hours a week. The pay is way less than what I was making before. Can I still file for unemployment benefits to make up the difference? I tried reading the my.ny.gov website but it's not super clear about how this works with part-time employment.

Yes, you can definitely apply for partial unemployment benefits in New York! The NYS Department of Labor allows you to work part-time and still collect unemployment as long as you're earning less than your weekly benefit amount. You'll need to report your part-time earnings when you file your weekly claim, and they'll reduce your benefits accordingly. There's usually a small earnings disregard too, so you might keep a portion of both your wages and benefits.

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Carmen Lopez

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That's great news! Do I need to file a completely new claim or can I modify my existing one? I already have an active claim from when I lost my full-time job.

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Andre Dupont

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You don't need a new claim - just continue filing your weekly claims and report the part-time work honestly. Make sure you report your gross earnings (before taxes) for each week. The NYS Department of Labor will automatically calculate your partial benefit. Also keep documenting your job search since you still need to look for full-time work to remain eligible.

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This is exactly what I did when I was working part-time at a restaurant while on unemployment. Just be super careful about reporting everything correctly or you could end up with an overpayment issue later.

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Jamal Wilson

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ugh the whole system is so confusing!! I've been trying to figure this out too because I can only get like 20 hours at my new job. The my.ny.gov website makes it sound like if you work at all you can't get benefits but that's obviously not true???

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I know it's confusing! The key is that you can work part-time and still get partial benefits as long as your earnings don't exceed your weekly benefit amount. The NYS Department of Labor wants people to work when they can find it, even if it's not full-time.

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Mei Lin

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If you're having trouble getting through to NYS Department of Labor to ask questions about this, I recently discovered this service called Claimyr (claimyr.com) that can help you actually reach a live agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I used it when I had questions about my partial unemployment situation and it saved me hours of trying to call.

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Never heard of that but honestly anything is better than sitting on hold for 3 hours just to get disconnected. The NYS Department of Labor phone system is absolutely terrible.

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GalacticGuru

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Just want to add that you still have to be available for full-time work and actively job searching even while working part-time. Don't let the part-time job make you complacent about finding something better!

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Kara Yoshida

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I went through this exact situation last year! @Carmen Lopez, you're absolutely right to apply for partial unemployment. One thing that helped me was keeping detailed records of my work hours and earnings each week before filing my weekly claim. The NYS Department of Labor has a partial benefit rate table that shows exactly how much you can earn while still getting benefits - I think for most people you can earn about 25% of your weekly benefit amount without any reduction, then they deduct 25 cents for every dollar you earn above that. Also make sure your part-time employer knows you're collecting unemployment so they don't report anything incorrectly to the state.

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Yuki Tanaka

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@Kara Yoshida Thanks for sharing those specific details about the partial benefit calculation! That 25% earnings disregard is really helpful to know. I m'curious - did you have any issues with your employer reporting hours or wages incorrectly? I m'worried about potential discrepancies between what I report and what my part-time employer reports to the NYS Department of Labor.

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Mohammed Khan

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Just want to echo what others have said about being super thorough with your record-keeping! I've been on partial unemployment for about 3 months now while working at a coffee shop 15-20 hours a week. One tip that saved me a lot of headaches - I take a photo of my work schedule each week and keep all my pay stubs in a folder. The NYS Department of Labor can ask for documentation at any time, and having everything organized makes the weekly filing process so much smoother. Also, don't be discouraged if your first partial payment seems lower than expected - it took me a couple weeks to understand exactly how they calculate the deductions. The system actually works pretty well once you get the hang of it!

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Caden Nguyen

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@Mohammed Khan That s'such great advice about keeping detailed records! I m'just starting this process and honestly feeling pretty overwhelmed by all the documentation requirements. Did you run into any situations where the NYS Department of Labor questioned your reported hours or asked for additional proof? I m'working at a small retail store and I m'not sure how reliable their payroll reporting is - should I be proactive about verifying what they re'sending to the state?

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