NYS Department of Labor benefits - what is the difference between unemployment and underemployment eligibility?
I'm really confused about something and hoping someone can explain this to me. I keep hearing people talk about unemployment vs underemployment when it comes to NYS Department of Labor benefits. I thought unemployment was just when you don't have a job at all, but my coworker mentioned something about underemployment benefits too? I'm working part-time right now (about 15 hours a week) but I used to work full-time before my hours got cut back in December. Can I still file for some kind of unemployment benefits even though I'm technically still employed? What's the actual difference between these two situations when it comes to what NYS Department of Labor will cover?
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Evelyn Xu
Great question! So unemployment means you're completely out of work and available for full-time employment. Underemployment is when you're working but earning significantly less than before - either fewer hours or lower wages. NYS Department of Labor does have partial unemployment benefits for underemployment situations. If you're working part-time and earning less than your weekly benefit amount, you might qualify for partial UI payments. You'd still need to file weekly claims and do job searches for full-time work though.
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Sophia Russo
•Oh wow, I had no idea partial benefits were even a thing! So I could potentially get some help even while working my current part-time job?
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Dominic Green
yeah i think underemployment is like when your hours get cut but you still have the same job. happened to me last year when they reduced everyone from 40 hours to 25. i got some unemployment money to make up the difference
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Hannah Flores
•Did you have to prove that the hour reduction wasn't your fault? I'm worried NYS Department of Labor might think I chose to work fewer hours.
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Kayla Jacobson
The key difference is your work status and earnings. Unemployment = $0 income from work, usually eligible for full weekly benefit amount. Underemployment = reduced income from work, eligible for partial benefits based on how much you're earning vs your weekly benefit amount. For NYS Department of Labor partial claims, they use a formula where you can earn up to a certain amount before it affects your benefits. I think it's like you can earn 25% of your benefit amount without any reduction, then they start deducting dollar-for-dollar after that. You still have to be actively seeking full-time work and file your weekly claims on my.ny.gov.
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Sophia Russo
•That formula sounds complicated. Is there somewhere on the NYS Department of Labor website that explains exactly how they calculate partial benefits?
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William Rivera
ugh the whole system is so confusing! I was underemployed for like 3 months last year and could never figure out if I was doing the weekly claims right. kept getting different answers every time I called NYS Department of Labor
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Kayla Jacobson
•Getting through to NYS Department of Labor by phone is always a nightmare. If you're still having trouble with claims, I heard about this service called Claimyr (claimyr.com) that helps people get connected to actual agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth checking out if you need to talk to someone about your specific situation.
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Grace Lee
I think there's also something about being able and available for work that's different between the two situations. Like if you're underemployed, you still have to prove you're looking for additional work or a better job, not just settling for the reduced hours.
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Evelyn Xu
•Exactly right! The job search requirement applies to both unemployment and underemployment situations. You have to show you're actively seeking work that would restore your earnings to the level they were before.
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