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Diego Castillo

Can you still get unemployment and work part-time in NY?

I'm really confused about the rules here. My hours got cut at my restaurant job from full-time to maybe 15-20 hours a week. My manager says business is slow and they can't give me more shifts right now. Can I file for unemployment benefits even though I'm still technically employed? I heard you can work part-time and still collect but I don't understand how that works with NYS Department of Labor. Do I have to report those earnings every week? Will they reduce my benefits dollar for dollar or is there some kind of threshold? I really need the extra money to cover rent but don't want to mess anything up.

Yes, you can absolutely file for partial unemployment benefits in New York! This is actually pretty common. You can work part-time and still collect unemployment as long as you're earning less than your weekly benefit amount plus $50. So if your weekly benefit is $300, you can earn up to $350 before your benefits are completely cut off. NYS Department of Labor uses a formula where they subtract your earnings from your benefit amount, but you get to keep the first $50 without any reduction. You'll need to report your earnings when you file your weekly claim.

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That's really helpful! So I need to file an initial claim first even though I'm working some hours? And then report my part-time earnings every week when I certify?

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The partial unemployment thing is legit but make sure you're actually eligible first. You need to have lost hours or wages through no fault of your own. If your employer just reduced your schedule because of business conditions, that should qualify. When you file your weekly claim, you'll need to report exactly how many hours you worked and how much you earned that week. NYS Department of Labor will calculate your partial benefit based on that. Don't try to hide the income - they cross-reference with employer reports and you'll get caught.

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This is so true about reporting everything. I tried to be 'smart' about it once and ended up with an overpayment notice. Not worth the hassle.

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I was in almost the exact same situation last year when my retail hours got slashed. Filed for partial unemployment and it helped a lot. The key thing is you have to be available for full-time work and actively job searching. Even though you're working part-time, you still need to do your job search activities and be ready to take a full-time position if offered. Keep track of your job search because NYS Department of Labor might ask for your log during a review.

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Oh I didn't realize I still had to job search while working part-time. How many job contacts do you need per week for partial benefits?

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Same requirements - 3 job search activities per week. You can count things like applying for jobs, going to interviews, attending job fairs, etc. Just keep good records.

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ugh the whole system is so confusing! I've been trying to get through to someone at NYS Department of Labor for weeks about my partial claim and can never reach anyone. The phone lines are always busy and the callback system never works. Has anyone found a way to actually talk to a real person there?

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I had the same problem until someone told me about Claimyr. It's this service that helps you get through to NYS Department of Labor agents - they basically wait on hold for you and then connect you when they get someone on the line. Saved me hours of frustration. You can check out how it works at claimyr.com, they even have a video demo at https://youtu.be/qyftW-mnTNI that shows the whole process.

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That actually sounds really useful. I've wasted so much time trying to call them directly. Thanks for the tip!

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Just want to add that you should file ASAP if you're eligible. There's usually a one-week waiting period for new claims, and benefits are only paid from the date you file, not when your hours were reduced. Also make sure your employer knows you're filing - they'll get a notice anyway and it's better to be upfront about it.

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Hey Diego! I went through this exact same thing with my bartending job. The partial unemployment system in NY is actually pretty straightforward once you get the hang of it. A few practical tips: 1) When you file your weekly claim online, they'll ask for your gross earnings (before taxes) for that week - make sure you have your pay stubs ready. 2) The system automatically calculates your partial benefit, so you don't have to do the math yourself. 3) File your weekly claim on the same day each week to stay consistent. 4) If your restaurant picks up and your hours increase, you might not qualify for benefits that week, but you can always file again if hours get cut. The whole process is way less scary than it seems at first. Good luck!

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