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Hunter Edmunds

NY unemployment for reduced hours at restaurant? Hours slashed but not fired

I work as a server at a restaurant in Queens and my hours have been absolutely decimated since November. We used to be packed every night but now we're lucky if we get 10 tables during an entire shift. The restaurant isn't officially closing but they've cut me from 5 shifts down to only 2 per week, and those shifts are dead - I'm making maybe $85 a night in tips when I used to clear $220-250. I've tried asking about other shifts but management says everyone's hours are being cut because of slow business and inflation. Bills are stacking up and I'm panicking about making rent next month. Can I apply for partial unemployment if I'm still technically employed but barely working? Has anyone successfully gotten ny unemployment while still working reduced hours? I know nothing about this process and need help ASAP before I get evicted.

Yes! You can absolutely apply for partial unemployment. That's exactly what it's designed for - when your hours get slashed but you're not completely laid off. My brother is a bartender and went through the same thing last year. They reduced him to like 15 hours a week and he qualified.

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Thank you! This makes me feel better. Did your brother have any issues with the application process?

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He had to call them twice to clarify some stuff, but overall it worked out. Just make sure you report ANY income you make each week when certifying. Don't try to hide it cuz they'll find out and then you're screwed.

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This is good info. I always thought unemployment was only for people who got fired, didn't realize reduced hours counted too 🤔

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After trying for weeks to reach someone at ny unemployment, I finally found this service called Claimyr (claimyr.com) that got me through to an actual human being. Literally had an agent on the phone within 45 mins after spending days trying on my own. Talking to a live person got my benefits started so fast. Check out this video too: https://youtu.be/Rdqa1gKtxuE

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sounds like one of those ads that pops up everywhere. anyone ACTUALLY try this or is it some kinda scam?

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Nah, it's real. I was super skeptical too but was desperate after 3 weeks of calling. Best decision I made - it was worth every penny to finally get my claim processed.

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hmm I've been burned by so many of these 'services' before... what makes this different from all the other unemployment 'helpers'?

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They don't process your claim or anything - they just get you connected to an actual agent. That's it. You still talk directly to unemployment yourself. I was just sick of the busy signals and hangups.

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I just tried it yesterday. Got through to someone who fixed my claim that was stuck for a month. Dunno why I didn't find this sooner tbh

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When you apply, make sure you're honest about the hours/money you're still making. I'm in the same boat - cook at a restaurant that cut me to 2 shifts. You'll need to certify your earnings each week and if you fudge the numbers they can come after you later.

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I get ur panic but you definetly qualify for partial benefits! The rule is if you work less than 4 days in a week AND earn less than $504, you can get partial unemployment. Just make sure when u certify each week you accurately report days worked and earnings. I've been on partial while working 2 days a week at my salon. The system is annoying but it works.

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Thank you for the specifics! That helps a lot. So even with 2 shifts I can still qualify? Do tips count toward the $504?

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Yep tips count as income. Gotta report everything. And yes with 2 shifts you'll qualify as long as you're under that $ amount and under 4 days. They reduce your benefit based on how many days you work (not hours, weirdly).

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The ridiculous thing about NY's system is they count DAYS not HOURS. So if you work even 1 hour on a day, that counts as a full day. So try to consolidate your hours into fewer days if possible to maximize benefits. This system is so messed up for service industry workers 😤

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THIS!!! I learned this the hard way. Had 5 short shifts and got nothing, then switched to 3 longer shifts and qualified for partial. Makes no sense but thats how it works.

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Wait fr? That's such a stupid system. So if I work 1hr each day for 7 days I get nothing, but if I work 35hrs across 3 days I can get benefits? 🤡

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Exactly. NY unemployment system living in 1952 apparently 🙄

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Just be prepared for a NIGHTMARE trying to reach someone if you have questions or problems with your claim. I spent 3 weeks calling every day trying to fix my partial unemployment claim after the website glitched. The website is trash and the phone lines are always jammed.

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Facts. I had to call 47 times in one day before I got through. And then waited on hold for 2 hours. Their system is from the stone age.

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Try claimyr.com - they call for you and connect you when an agent picks up. Only way I got through after weeks of trying.

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Here's what you need to do for partial unemployment in NY - I've been dealing with this for months and finally figured it out: First, create an account on labor.ny.gov and file a new claim. You'll need to provide: - Your employment history for the past 18 months - Your restaurant's info including address and EIN (on your W2) - Your ID and social security number - Bank info for direct deposit When asked why you're applying, select "reduction in hours" NOT "still employed". Then explain your situation. After you're approved, you'll need to certify WEEKLY. This is crucial - you must log in each week and report exactly how many days you worked and how much you earned including tips. The key thing to understand is NY's weird day-based system: - 0 days worked = full benefit - 1 day worked = 75% of benefit - 2 days worked = 50% of benefit - 3 days worked = 25% of benefit - 4+ days worked = no benefit So if possible, try to consolidate your hours into fewer days. A 6-hour shift on one day is better than 3 hours on two separate days. If you run into problems (and you probably will), good luck getting through on the phone. I wasted weeks until I found claimyr.com which got me a callback from an actual agent. Don't give up! The system is designed to be frustrating but partial benefits can be a lifesaver while you look for more work.

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This is INSANELY helpful, thank you so much for the detailed breakdown! I'm going to apply tonight.

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Saving this comment for later. I've been so confused about how the partial benefits work

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One correction - you actually can earn up to $504 in a week and still get partial benefits, though it affects your payout. Above that and you get nothing for that week.

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Good point about the $504! Forgot to mention that.

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Have you considered looking for another restaurant job? Lots of places by me in Brooklyn are hiring right now and some are actually busy. Might be better than dealing with unemployment

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I've sent out applications but everywhere seems to be cutting hours right now. Will keep trying though

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This exact thing happened to me last winter. Applied for partial unemployment and it literally saved me. But WARNING: the system is beyond frustrating. The website crashes constantly and good luck ever talking to a human on the phone.

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Literally impossible to get someone on the phone. I tried for TWO WEEKS straight and could never get through 😫

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Try right when they open at 8am. That's how I got through after 3 days of calling.

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I tried at 8am, 8:01am, 8:02am... still got the "we're experiencing high call volume" message and hung up on 😭

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sorry ur dealing with this... restaurant industry is brutal right now. inflation + cold weather + post-holiday broke customers = nobody eating out. definitely apply for partial unemployment, and start looking for side gigs too. lots of delivery apps hiring.

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The way ny unemployment calculates partial benefits is so weird. They use DAYS not HOURS which makes no sense. And they don't explain this anywhere clearly.

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Seriously!! This confused me so much. I worked 3 hours each day for 4 days and got ZERO benefits. Then I switched to 12 hours across 2 days and suddenly qualified. Makes absolutely no sense.

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the system was designed for factory workers in like 1950, not modern service industry people with irregular schedules 🤦‍♀️

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It's wild how they expect us to survive when our hours get cut. I've been a server for 7 years and this is the worst I've seen it. Every restaurant in my area is dead. Good luck and def apply for partial unemployment asap

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Be careful cuz if your restaurant is paying you under the table for some shifts or not reporting all your tips, unemployment might not calculate your benefit correctly. They base it on reported wages.

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All my income is on the books thankfully. Management is strict about reporting tips properly.

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This might sound weird but check if your area has a restaurant worker relief fund. After Sandy, Covid, etc sometimes there are emergency funds that don't get fully used up. worth checking into.

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THE WORST PART IS TRYING TO GET THEM ON THE PHONE OMFG. I spent THREE WEEKS trying to reach a human being at NY unemployment to fix an issue with my claim. The phone system is a joke - either busy signals or it hangs up on you after making you go through all the prompts!!!

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Bruh I feel this in my soul. Got disconnected 26 times before I ever reached a person. The system is designed to make people give up.

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After getting nowhere for days, I used claimyr.com and got a callback from an agent within an hour. Worth every penny to finally get my claim fixed.

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what's that? never heard of it.

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It's a service that calls unemployment for you and stays on hold, then connects you when a real person picks up. Only way I finally got through after weeks of trying.

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Hey Hunter! I'm in a similar situation - bartender at a place in Manhattan that went from packed to ghost town practically overnight. I successfully got partial unemployment and it's been a lifesaver while I figure things out. The key things that helped me: 1) When you apply online, be super clear that your hours were cut due to "lack of work" not that you're "still employed" 2) Keep detailed records of your daily earnings and days worked - you'll need this for weekly certification 3) Try to consolidate your shifts into fewer days if possible because of NY's weird day-counting system. Also heads up - the website will probably crash on you multiple times during the application process. Don't give up! Save your progress frequently. The whole system is frustrating but the benefits really help bridge the gap. Good luck and hang in there - this rough patch won't last forever! 🙏

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Thanks Dylan! This is super helpful coming from someone who's actually been through it. Question about the "lack of work" vs "still employed" thing - when I'm filling out the application, is there a specific dropdown or section where I need to select that? I want to make sure I don't mess this up from the start. Also really appreciate the tip about saving progress frequently - sounds like their system is even more broken than I thought 😅

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@Dylan Mitchell This is exactly what I needed to hear! Thank you so much for taking the time to write this out. I m'definitely going to apply tonight and I ll'make sure to emphasize the lack "of work angle." The tip about consolidating shifts is huge - I had no idea about NY s'day-counting system until reading this thread. It s'insane that working 1 hour counts the same as working 8 hours for a day. Quick question - how long did it take for your benefits to start coming in after you applied? I m'really stressed about making rent and need to know if I should be looking for emergency assistance too.

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