How does the NYS Department of Labor define unemployment for benefit eligibility?
I'm trying to understand exactly how the government defines unemployment for benefit purposes. I know there's specific criteria you have to meet but I'm getting confused by all the different requirements. Like do you have to be completely jobless or can you work part-time? And what about if you're waiting to start a new job - does that count as unemployed? I filed my initial claim last week but want to make sure I understand the definition correctly so I don't mess up my weekly claims. Anyone know the official NYS Department of Labor definition?
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Emma Bianchi
The NYS Department of Labor has specific criteria for unemployment eligibility. You must be: 1) Totally or partially unemployed through no fault of your own, 2) Ready, willing and able to work immediately, 3) Actively seeking work (unless on approved standby), and 4) Meet the earnings requirements from your base period. You can work part-time and still collect partial benefits as long as you report all earnings on your weekly claim.
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Mia Green
•Thanks! So if I'm working 15 hours a week at a temp job while looking for full-time work, I can still file weekly claims and get partial benefits?
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Emma Bianchi
•Yes, exactly. Just make sure you report those earnings accurately each week. NYS Department of Labor will calculate your partial benefit amount based on what you earn.
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Lucas Kowalski
i was confused about this too when i first filed. the key thing is being available for work immediately. like if youre taking care of kids full time or going to school full time that can disqualify you even if youre not working
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Olivia Martinez
•Wait really? I'm taking online classes 3 days a week but I'm definitely available to work. Should I be worried about my claim getting denied?
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Charlie Yang
The official definition also includes being unemployed due to lack of work, not because you quit or got fired for misconduct. If you're waiting to start a new job, you can still collect benefits until your start date as long as you continue to search for other work and meet all the other requirements. Don't forget about the job search requirement - you need to make at least 3 job contacts per week unless you're on standby status.
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Grace Patel
•This is so helpful. I had no idea about the 3 job contacts per week requirement. Do they actually verify this?
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ApolloJackson
If you're having trouble reaching someone at NYS Department of Labor to clarify your specific situation, I had good luck using Claimyr (claimyr.com) to get through to an actual agent. They have this video demo (https://youtu.be/qyftW-mnTNI) that shows how it works. Saved me hours of trying to call and getting busy signals when I needed to verify my eligibility status during adjudication.
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Mia Green
•How much does something like that cost? I'm already tight on money waiting for my claim to process.
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ApolloJackson
•It's worth checking out their site for the details. For me it was worth it to get clarity on my claim status instead of stressing about whether I was doing everything right.
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Isabella Russo
The unemployment system is so confusing! I thought I understood it but then my claim went into adjudication and I realized I had no clue what half these terms meant. At least now I know I can work part-time and still get benefits.
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Isabella Brown
•I'm in the same boat! The adjudication process is nerve-wracking when you're not sure if you filled everything out correctly. At least this thread helped clarify the part-time work situation - I was worried I'd have to stop my freelance gigs completely.
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Jean Claude
Just want to add that the "able and available" requirement is really important - I learned this the hard way. Even if you're unemployed, if you have restrictions on when/where you can work (like only certain hours due to childcare), you need to report that accurately. NYS DOL considers your availability when determining eligibility. Also, the base period earnings requirement trips up a lot of people - you need sufficient wages in your base period (usually the first 4 of the last 5 completed calendar quarters before you file). If you haven't worked much in the past year, you might not qualify even if you're currently unemployed.
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Grace Lee
•This is really good to know about the base period earnings! I've been working pretty steadily but had a gap earlier this year where I was only doing gig work. Do you know if gig work earnings count toward the base period requirements, or does it have to be traditional W-2 employment? I'm worried my Uber and DoorDash income might not qualify.
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