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Ezra Bates

NYS Department of Labor eligibility requirements - what does eligible mean for unemployment benefits?

I'm really confused about what it means to be 'eligible' for unemployment benefits through NYS Department of Labor. My claim was approved but I keep seeing different requirements mentioned - like the work search thing, being able and available, not turning down suitable work. Does eligible just mean I can file weekly claims or are there ongoing things I need to do to stay eligible? I worked at a restaurant for 8 months before getting laid off in December and want to make sure I don't mess anything up.

Eligible for NYS Department of Labor unemployment means you meet both the initial requirements to qualify AND the ongoing weekly requirements to keep receiving benefits. Initially you need sufficient work history and wages, plus you can't have been fired for misconduct. But every week you certify, you're confirming you're still able to work, available for work, and actively searching for jobs (3 work search activities per week). You also can't turn down suitable work offers.

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So I have to do 3 job search activities every single week? What counts as a search activity exactly?

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Yeah the work search requirement is real and NYS Department of Labor does audit people randomly. You need to keep a log of your job search activities - applying to jobs, going to interviews, networking events, even creating profiles on job sites counts. Just make sure you can prove what you did if they ask.

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I got audited last year and had to send in my whole job search log. They wanted employer names, dates, method of contact for everything. Took them 2 weeks to review but my benefits continued during the review.

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ugh the whole system is so confusing! I thought eligible just meant approved but apparently you can lose eligibility for like a million different reasons?? What if you get sick and can't look for work for a week or something

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If you're sick and unable to work/search, you're technically not 'available for work' that week so you wouldn't be eligible for benefits that week. You'd mark 'no' on your weekly claim for being available and wouldn't get paid, but it wouldn't permanently disqualify you.

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I was struggling to reach NYS Department of Labor agents to get clarification on my eligibility status when my claim got flagged for review. The phone lines are always busy and the online messaging never gets responses. I ended up using this service called Claimyr (claimyr.com) that got me through to an actual agent in like 10 minutes. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped me understand what documentation I needed to prove I was still eligible.

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Never heard of that service but honestly anything that gets you through to a real person at NYS Department of Labor sounds worth trying. I've been calling for weeks about an adjudication issue.

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Same boat here! Restaurant worker too and the whole eligible thing had me stressed. As long as you're doing your weekly certifications honestly and keeping up with the job search stuff you should be fine. The restaurant industry is actually pretty good for finding multiple job leads each week since there's always turnover somewhere.

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@Marcus Williams That s'really reassuring to hear from someone in the same situation! I ve'been worried about finding enough job search activities each week but you re'right about restaurant turnover. Do you typically apply to multiple places in a day or spread it out? I m'trying to figure out the best strategy to stay on top of the 3 activities requirement.

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