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NY unemployment eligibility for restaurant workers with reduced hours - desperately need help

I'm absolutely panicking right now. I work as a server at a restaurant in NYC and my hours have been cut drastically this past month. We're normally busy this time of year but there's been a huge slowdown, and several restaurants in my area have already shut down completely. My manager is barely scheduling me - went from 30+ hours to just 8-10 hours per week. My rent is due next week and I'm not going to make it. Can I qualify for partial NY unemployment benefits with severely reduced hours? Or do I have to be completely laid off? I've never applied before and don't know where to start. There's no special assistance program this time like there was a few years ago. Has anyone been through this recently? What documentation do I need? Will my employer be notified if I apply? I'm scared I'll lose what little hours I still have if they find out I'm applying for benefits. Any advice would be SO appreciated.

Steven Adams

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You CAN apply for partial unemployment in NY if your hours have been significantly reduced. The system is designed to help in exactly your situation. Here's what you need to know: 1. In NY, you can receive partial benefits if you work less than 4 days per week AND earn less than $594 in weekly gross wages (as of 2025 guidelines). 2. Each day you work, regardless of hours, reduces your weekly benefit amount. But you can still receive something to help cover the gap. 3. Your employer will be notified when you file - this is standard procedure as they need to verify your employment details. However, it's illegal for them to retaliate against you for filing for unemployment. Apply online through the NY.gov website. You'll need your employment history for the last 18 months, your Social Security number, and a way to receive payments (direct deposit or debit card).

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Grace Durand

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Thank you so much for this info! I didn't know I could qualify with reduced hours. Do you know how they calculate what I'd get? My income is really variable since it includes tips - some weeks I made good money and others barely anything because it was so slow.

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Alice Fleming

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Just went through this myself! I'm a bartender and my place cut my shifts from 5 days to just 2 days a week. I applied for partial unemployment and got approved in about 10 days. They calculate your benefit based on your highest earning quarter in the "base period" (basically the last year or so). Yes, your employer gets notified automatically, but most restaurant managers understand this is happening everywhere right now. Mine was actually supportive and told me to apply. Make sure when you certify each week, you accurately report ANY days you work, even if it's just a 3-hour shift. If you work at all during a day, that counts as a "day worked" in NY's system. Messing this up can cause big problems later.

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Hassan Khoury

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10 days to get approved??!! I applied 3 weeks ago and still pending. This whole system is complete garbage. They just leave u hanging with no explanation while bills pile up

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Victoria Stark

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apply now dont wait! my sister waits tables and her hours got cut to almost nothing too. she was scared to apply but our landlord was going to evict us so she did it. took like 3 weeks to get first payment but it helped a lot. they asked for her to upload pay stubs and stuff about her tips

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Grace Durand

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That's really helpful to know. I'm going to apply today. Did your sister have any issues with claiming her tip income? That's what I'm most confused about since a lot of my tips are cash.

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Benjamin Kim

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I'm an employment attorney in NY, and I want to clarify something important: New York's partial unemployment system changed significantly in 2025. It now uses an "hours-based" approach rather than the old "day-based" system. For restaurant workers with variable income including tips, they'll look at your total reported income (including declared tips) from your base period to determine your benefit amount. Then, each week you claim, you'll report your actual hours worked and earnings for that week. The current formula reduces your benefit by 25% for each full day you work, but you can still receive partial benefits if you work less than 4 days AND earn below the threshold ($594/week). And yes, document EVERYTHING. Keep records of all scheduled shifts, hours worked, and pay received. Your employer's payroll records should include your declared tips, but if there's a discrepancy, having your own records will help.

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Steven Adams

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Thanks for the correction on the hours-based system change! That's really helpful information. I was still thinking of the old day-based calculation method.

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Samantha Howard

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i tried to apply for NY unemployment last month when my hours got cut and it was IMPOSSIBLE to get thru to an actual human when i had questions!!!! the online system kept giving me errors saying my wages didnt match what my employer reported. i spent FOUR DAYS trying to call them and never got through. waste of time.

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Megan D'Acosta

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I had the exact same problem last month with the wage discrepancy error! After trying for days to get through on the phone, I finally used Claimyr (claimyr.com) and got connected to an unemployment agent in about 18 minutes. They have a video showing how it works: https://youtu.be/Rdqa1gKtxuE Turns out my employer had reported my wages under a slightly different name than what I used on my application. The agent fixed it on the spot and my claim was processed. Saved me weeks of waiting and frustration.

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Hassan Khoury

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THE SYSTEM IS RIGGED AGAINST SERVICE WORKERS!!! I've been dealing with NY unemployment for 2 months now. They keep asking for more documentation about my tips, but half my managers didn't even report my cash tips properly! Now they're saying I might have to pay back money if I can't prove all my income. They make it DELIBERATELY COMPLICATED for tipped workers. One agent told me one thing, then another contradicted them completely. Meanwhile I'm about to be HOMELESS waiting for them to figure it out!!! The whole system is designed to make us give up.

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Benjamin Kim

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I understand your frustration, but I want to clarify something that might help. For tipped workers, NY unemployment will use the wages your employer reported to the state, which should include your declared tips. If there's a discrepancy, you can provide evidence like: 1. Tax returns showing reported tip income 2. Pay stubs that show tip declarations 3. Personal records of tips if you kept them If your employer wasn't properly reporting your tips, that's actually a separate issue you could address with the NY Department of Labor. They take tip reporting violations seriously. Request a hearing if you're getting conflicting information. That puts you in front of an actual judge who can make a binding decision.

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Grace Durand

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Thank you everyone for the helpful responses! I just applied online and documented all my work hours and income for the last 18 months as best I could. The application asked specifically about tips and I reported everything honestly. One more question - my manager just texted that they might have more hours for me next week, but it's not guaranteed. If I get scheduled for more hours after applying, do I need to withdraw my application or can I just report the additional hours when I certify?

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Steven Adams

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Don't withdraw your application! Just report the actual hours you work each week when you certify. The NY unemployment system is designed to adjust your benefits based on your weekly reports. If you work more one week, you'll get less benefits that week. If your hours drop again the following week, your benefits will increase again. This flexibility is exactly why the partial unemployment system exists. Make sure to certify every week, even if you work enough hours that you might not receive benefits for that particular week. Keeping your claim active is important in case your hours drop again.

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Victoria Stark

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my friend works at a restaurant too and she said her boss tried to make her work off the clock so it wouldn't affect her unemployment but thats illegal!!!! dont let them do that to u if they try it

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Benjamin Kim

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This is absolutely correct. Working off the clock is illegal, and deliberately misreporting hours to manipulate unemployment benefits can be considered fraud. Both the employer and employee could face serious consequences. If anyone's employer suggests this arrangement, document the conversation (NY is a one-party consent state for recording) and consider reporting it to the Department of Labor. Your employer cannot legally retaliate against you for refusing to participate in illegal activities.

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Alice Fleming

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Quick update on my situation since it might help others - I've been on partial unemployment for about 6 weeks now. The weekly certification process is pretty straightforward once you get used to it. I just answer the questions honestly each Sunday night about how many hours I worked and what I earned. One thing that tripped me up: you have to report your gross wages (before taxes and deductions) for the week, not what you actually take home. Also, you report wages for the week you EARNED them, not when you get paid. My benefits have ranged from $0 (on weeks I worked more) to about $320 (on weeks I barely worked). It's not enough to fully replace my income, but it's definitely helping me stay afloat until business picks up or I find something more stable.

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Grace Durand

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Thanks for sharing your experience! I just got my first determination letter saying I qualify for a weekly benefit of $372 if I don't work at all. My restaurant just called and said they can give me 2 shifts next week. Based on what you're saying, I'll report those hours when I certify and still get partial benefits. That's such a relief!

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Megan D'Acosta

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Just wanted to let everyone know that the restaurant industry is starting to pick up again in some parts of NY. I was in your exact situation back in January - had my hours cut from 25-30 down to just 8-10 per week. I got partial unemployment which helped a ton during the slow period. Now my restaurant is back to full staffing and I'm working normal hours again. Hang in there! And definitely apply for the benefits - that's exactly what they're designed for.

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Hassan Khoury

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Must be nice to work at a place thats recovering!! My restaurant just announced theyre closing permanently next month. 22 of us losing our jobs completely. And the unemployment office keeps giving me the runaround about my application from WEEKS ago!!!

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