How to answer NY unemployment questionnaire with irregular per diem schedule?

When I was per diem I always put that I was ready, willing and able to work but no work was offered. Because tecnically your employer didnt offer you shifts that week. You wouldn't have been able to accept or decline something that wasn't offered to you.

After struggling with the same issue for months I finally got through to someone at ny unemployment who could actually help! I used this service called Claimyr (claimyr.com) and they got me a callback with an actual agent within an hour. Talking to the agent got my benefits sorted so fast. They explained exactly how to fill out the form with my per diem situation and even fixed some past weeks I'd messed up. Best solution I found after weeks of busy signals and website crashes! Check out their demo: https://youtu.be/Rdqa1gKtxuE

Per diem with multiple healthcare employers here! According to my unemployment counselor, you should say no work was available TO YOU. The technical distinction is whether you were SCHEDULED and then declined vs. not being put on the schedule at all. If shifts were posted on a board/app for anyone to claim but you didn't claim any, that's not the same as refusing an assignment specifically given to you.

I worked per diem for 3 years and dealt with this exact problem. The key is how your specific employer reports your status. Some hospitals report all available shifts as "offered" even if they were just posted on a general board. Others only report as "offered" if they called you directly. You should clarify with your HR how they report to unemployment.

The NY unemployment system is completely broken for gig workers, per diem, and anyone with non-traditional employment. Their questions were designed for regular 9-5 workers and don't make sense for us. I've been dealing with this for 5 months and it's a NIGHTMARE.

I'm a lawyer who handles unemployment cases. Here's what you need to understand about per diem work and unemployment in New York State: The key question is whether you refused an OFFER of work. Having shifts available on a portal that you could theoretically claim is NOT the same as being offered work under unemployment law. An offer would be someone contacting you directly saying "can you work Tuesday?" So when certifying weekly: - Answer YES to being ready, willing and able to work - Answer NO to refusing any work - Answer NO to working any days (if you truly didn't) If you're really concerned, document everything. Take screenshots of available shifts, keep records of which ones you accept/decline, and note any direct offers. Also, the fastest way to resolve any issues is to speak directly with a claims specialist. Regular call center staff often give incorrect info about complex situations like this. I've had clients have great success using claimyr.com to get through to an actual specialist who can resolve these exact situations.

Just went thru this last month! Call them!!! Don't try to guess cuz if u get it wrong they freeze ur account and it's a NIGHTMARE to fix. I was locked out for 6 weeks because I answered one question wrong.

ugh the ny unemployment system is literally the worst. i swear they make it confusing on purpose so people give up and don't collect benifits.

Former DOL employee here. This is actually a common question for per diem workers. The system wasn't designed with your work model in mind, but here's what you should do: answer that you were available to work but did not work. Do NOT say you refused work - that's only if someone specifically offered you a shift and you declined it. Having open shifts you didn't claim is different from refusing an offer.

I am per diem too and this is what I do. Answer YES to being ready, willing and able to work. NO to refusing any work (since they didn't specifically call you for a shift). NO to working (if you didn't). And if anyone calls you on it, the magic words are "no work was directly offered to me." Been working fine for months.

i got audited for exactly this!!!! said no when asked if i refused work and then they pulled records showing shifts were avail in the system. ended up having to pay back 3 weeks of benefits 😭

The way I handled this (I'm a nurse who does per diem): I would certify that I was ready and able to work but did not work any days that week. If there were shifts available that I saw but chose not to take, I would NOT say I refused work - because technically no one OFFERED me those shifts personally. Worked fine for me.

dont overthink it bro... just say you were available for work but didnt work any days. thats what i do (per diem EMT) and never had an issue

I've been on per diem status for 2 years and the DOL actually sent out guidance on this during COVID (that still applies). Available shifts on a board/portal that aren't specifically assigned to you don't count as refusing work. Only direct offers that you decline count as refusals.

my neighbor works in HR at a hospital and they specifically told their per diem staff to answer NO to refusing work unless they were personally contacted about a specific shift. the system wasn't made for how healthcare scheduling actually works these days.

The NY unemployment online system is GARBAGE 🗑️ Most of their questions are so poorly worded it's like they're TRYING to trick you into answering wrong and losing benefits