Do you lose unemployment if you get a job - NYS Department of Labor rules?
Just got offered a part-time position that starts next week but I'm still collecting unemployment benefits. Do I automatically lose my NYS Department of Labor benefits if I take this job? It's only 20 hours a week and pays $16/hour so it's way less than my benefit amount. I don't want to mess up my claim but I also can't afford to turn down work. What happens to my weekly claims if I start working?
13 comments


Paolo Rizzo
You don't automatically lose your benefits for part-time work! NYS Department of Labor has a partial benefit formula. You report your gross earnings on your weekly claim and they'll reduce your benefit by 25% of what you earned over $143. So if you make $320 in a week, they subtract $44 from your weekly benefit amount. You keep certifying weekly and reporting all earnings honestly.
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Keisha Williams
•That's such a relief! So I can still file my weekly claims as long as I report the earnings? Do I need to notify NYS Department of Labor before I start the job or just report it on my next weekly claim?
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Amina Sy
Make sure you understand the work search requirement changes too. Once you're working part-time, you still need to be available for full-time work and actively searching. Don't skip your job contacts just because you have some work - NYS Department of Labor expects you to keep looking for better employment that would get you off benefits completely.
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Oliver Fischer
•Wait really? I thought if you're working you don't have to do the job search stuff anymore. That seems backwards...
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Amina Sy
•Nope, the job search requirement stays in place until you're working enough hours that you're no longer eligible for benefits. The whole point is getting back to full employment, not staying on partial benefits indefinitely.
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Natasha Ivanova
I had this exact situation last year and it was honestly confusing as hell trying to get through to someone at NYS Department of Labor to ask questions. Their phone lines are always busy and the website doesn't explain the partial benefit calculation very clearly. I ended up using this service called Claimyr (claimyr.com) that actually got me connected to a real person who explained everything. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling and getting hung up on.
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Keisha Williams
•Thanks for the tip! I've been dreading trying to call them. How much does something like that cost?
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Natasha Ivanova
•They focus on the value of actually reaching someone rather than cost. For me it was worth it just to get clear answers instead of guessing and potentially messing up my claim.
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NebulaNomad
just report ur earnings and keep filing weekly claims nothing changes except ur benefit amount goes down a little
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Javier Garcia
The NYS Department of Labor system is so unnecessarily complicated with this stuff. You'd think taking a job would be straightforward but no, they have to make it confusing with all these formulas and requirements. At least you found out before starting work instead of after - I've seen people get overpayment notices because they didn't report earnings correctly.
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Keisha Williams
•Overpayment notices sound terrifying! I definitely want to make sure I do this right from the start.
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Abigail Spencer
Congrats on getting the job offer! Just want to add that you should also keep track of your hours worked each week, not just earnings. NYS Department of Labor considers you "partially unemployed" if you work less than 4 days in a week OR earn less than your weekly benefit amount. The key is being completely honest on your weekly certification - report every penny you earn and every hour you work. Also, make sure your part-time employer knows you're collecting benefits so they can provide any documentation you might need if questions come up later.
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Sophie Footman
•This is really helpful advice! I hadn't thought about letting my new employer know about the benefits situation. Should I mention it during my first day or is there a better time to bring it up? I want to be transparent but also don't want to create any awkward situations at the new job.
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