Do you have to be laid off to get unemployment benefits from NYS Department of Labor?
I'm really confused about this and can't find a clear answer anywhere. My hours got cut to basically nothing at my restaurant job - I'm only getting maybe 8 hours a week when I used to work 35-40. My manager says they can't afford to schedule me more right now but they haven't officially laid anyone off. Can I still apply for unemployment with NYS Department of Labor or do I have to wait until they actually fire me or lay me off? I'm struggling to pay rent with these reduced hours and really need to know if I have any options.
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Connor O'Neill
You don't have to be completely laid off to qualify for unemployment benefits! If your hours were significantly reduced through no fault of your own, you can file for partial unemployment benefits with NYS Department of Labor. Since you went from 35-40 hours down to 8 hours, that's a substantial reduction that would likely qualify you. You'll need to report your reduced earnings when you file your weekly claims, and NYS Department of Labor will calculate a partial benefit amount. The key is that the hour reduction wasn't due to your performance or misconduct.
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Zainab Ismail
•Thank you! I had no idea partial unemployment was even a thing. Should I apply right away or wait to see if my hours get restored?
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QuantumQuester
File ASAP! Don't wait because there's a waiting week and benefits can't be backdated to before you actually file your claim. Even if your hours get restored later, you can always stop claiming. But if you wait and your hours stay low, you're just losing money. Go to labor.ny.gov and start your application. You'll need your employer info and recent pay stubs showing the hour reduction.
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Yara Nassar
•This is exactly what happened to me last year. Waited 3 weeks thinking my hours would come back and lost out on benefits I could have gotten.
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Keisha Williams
ugh the restaurant industry is so brutal with hours right now... my cousin works at a place that did the same thing, cut everyone's hours instead of laying people off so they wouldn't have to pay into unemployment. seems sketchy but apparently its legal?
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Connor O'Neill
•It's legal for employers to reduce hours, but employees are still entitled to partial unemployment benefits if the reduction is substantial enough. The employer still pays into the unemployment system regardless.
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Paolo Ricci
I tried calling NYS Department of Labor about this exact situation last month and could never get through to anyone! The phone system is impossible. I ended up using this service called Claimyr (claimyr.com) that actually got me connected to a real person at NYS Department of Labor. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Cost me some money but was worth it to get my questions answered about partial claims instead of spending weeks trying to call myself.
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Zainab Ismail
•How much did that cost? I'm already tight on money which is why I need the unemployment help in the first place.
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Paolo Ricci
•I don't remember the exact amount but it was reasonable considering I got through immediately instead of wasting hours on hold. They focus on the value of getting your questions answered quickly.
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Amina Toure
The NYS Department of Labor system is so confusing! I thought unemployment was only for people who got fired or laid off too. Why don't they make this stuff clearer on their website? I've been in a similar situation with reduced hours but never knew I could apply.
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QuantumQuester
•The information is on labor.ny.gov but it's buried in the FAQ section. Look for 'partial unemployment' or 'reduced hours' and you'll find the details about eligibility requirements.
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