Got fired from one job but still working another - can I file for NYS Department of Labor benefits?
So I've been working two part-time jobs for the past 8 months. Yesterday I got terminated from my retail job (they said I was late too many times) but I still have my other job at a restaurant where I work about 25 hours a week. The retail job was giving me around 20 hours weekly. Can I still file for unemployment with NYS Department of Labor since I lost one source of income? I'm really confused about how this works when you're not completely unemployed. My rent went up and losing that income is going to make things really tight.
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Hiroshi Nakamura
Yes, you can absolutely file for partial unemployment benefits in NY! Since you lost substantial income from one job, you may qualify for reduced benefits. The key is that your remaining work hours and earnings need to be below certain thresholds. When you file your weekly claim, you'll report the wages from your restaurant job and NYS Department of Labor will calculate if you're eligible for partial benefits that week.
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GamerGirl99
•Oh wow I had no idea that was even possible! Do I need to report both jobs when I file the initial claim or just the one I got fired from?
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Isabella Costa
yeah i did this same thing last year when i got laid off from my office job but kept my weekend gig. you definitely can get partial benefits but its not much money honestly
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Malik Jenkins
•You need to report ALL employment when filing your initial claim, including the job you still have. NYS Department of Labor needs a complete work history to calculate your benefit amount. The partial benefits are based on the difference between your new reduced income and your full benefit amount.
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Freya Andersen
Wait but don't you have to be available for full time work to get unemployment? How can you get benefits if you're still working at the restaurant?
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Hiroshi Nakamura
•That's a common misconception! For partial unemployment, you need to be available for additional work beyond your current part-time schedule. As long as you're not refusing suitable full-time opportunities and can work more hours, you can maintain eligibility while working part-time.
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Freya Andersen
•Ohhhh that makes sense. I always thought it was all or nothing with unemployment benefits.
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Eduardo Silva
Been trying to call NYS Department of Labor for weeks about my own partial claim situation and can never get through. The phone system is absolutely ridiculous - either busy signal or they hang up on you after waiting forever.
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Leila Haddad
•I had the same problem until someone told me about Claimyr. It's this service that helps you actually get through to NYS Department of Labor agents on the phone. I was skeptical but tried it last month and finally got to speak with someone about my adjudication issue. There's a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Worth checking out claimyr.com if you're stuck in phone hell.
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Emma Johnson
Just make sure you keep detailed records of your restaurant job hours and pay. NYS Department of Labor will want to see everything when you file your weekly claims. Also be prepared for the job search requirements - you'll still need to look for additional work even though you have the one job.
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GamerGirl99
•Good point about the job search thing. Do I need to look for full-time jobs or can I search for another part-time position to replace the one I lost?
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Emma Johnson
•You need to search for work that would restore you to full-time employment or your previous income level. So yes, look for full-time positions or additional part-time work that combined with your restaurant job would get you back to where you were.
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Henrietta Beasley
I went through this exact situation about 6 months ago when I lost my morning shift job but kept my evening restaurant work. The process was actually pretty straightforward once I understood it. You'll file your initial claim reporting both jobs (the one you lost and the one you're keeping), and NYS Department of Labor will calculate your weekly benefit amount based on your total earnings history. Then each week when you certify, you report whatever you earned from the restaurant job and they'll pay you the difference if you qualify. Just be honest about everything and keep good records - they may ask for pay stubs from both jobs during the application process.
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