NYS Department of Labor definition of unemployment - confused about what qualifies
I'm trying to understand exactly what NYS Department of Labor considers 'unemployment' for benefit purposes. I was laid off from my marketing job in December but I've been doing some freelance writing projects here and there for maybe 10-15 hours a week. Does this mean I'm not technically unemployed? I'm worried about filing my weekly claims wrong because I don't want to get hit with an overpayment later. The my.ny.gov website talks about being 'totally unemployed' vs 'partially unemployed' but I'm still confused about where the line is drawn. Can someone explain what the actual definition is according to NYS Department of Labor?
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Amara Chukwu
The NYS Department of Labor defines unemployment as being without work through no fault of your own AND actively seeking full-time employment. You can still qualify for partial benefits if you're working part-time (under 30 hours) or earning less than your weekly benefit amount plus $50. The key is reporting ALL work and earnings on your weekly claims - even if it's just a few hours of freelance work. Total unemployment means you did zero work that week, partial unemployment means you worked some but still qualify for reduced benefits.
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Liam O'Sullivan
•So I should report those freelance hours every week? Even if it's just like 8 hours one week and nothing the next week?
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Amara Chukwu
•Yes, absolutely report everything. NYS Department of Labor cross-references with tax records and other agencies. It's better to report and get partial benefits than risk an overpayment investigation later.
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Giovanni Conti
i think as long as youre looking for full time work youre still unemployed even with some freelance stuff. i was doing uber on weekends when i was collecting and just reported those earnings
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Fatima Al-Hashimi
•That's correct - the definition includes 'able and available for work' which means you're ready to accept suitable full-time employment. Part-time or gig work doesn't disqualify you as long as you report it properly and continue your job search requirements.
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NeonNova
I had a similar situation last year and got so stressed about this! The NYS Department of Labor phone lines were impossible to get through to ask questions. I finally found this service called Claimyr (claimyr.com) that helped me actually talk to someone at NYS Department of Labor about my specific situation. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made such a difference to get clear answers instead of guessing.
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Dylan Campbell
•How much does something like that cost though? Seems like we shouldn't have to pay extra just to talk to NYS Department of Labor about our own claims.
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NeonNova
•I get the frustration but honestly it was worth it for the peace of mind. Way better than spending weeks calling and getting nowhere or making mistakes on my claims.
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Sofia Hernandez
ugh this whole system is so confusing!! why cant they just explain things clearly on the website instead of making us guess?? ive been unemployed since november and STILL dont understand half the terminology they use
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Dmitry Kuznetsov
•I feel you! The my.ny.gov portal is not user-friendly at all. Just keep documenting everything and when in doubt, report it. Better safe than sorry with NYS Department of Labor.
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