NYS Department of Labor how to get laid off and collect unemployment - what qualifies?
I've been hearing people talk about getting laid off to collect unemployment but I'm confused about what actually qualifies you for benefits through NYS Department of Labor. My company has been cutting hours and I'm barely making ends meet. I know you can't just quit and get UI benefits, but what situations would make me eligible? I don't want to do anything wrong but I really need to understand my options if my job situation gets worse. Can someone explain the legitimate ways people become eligible for unemployment in New York?
8 comments


Fatima Al-Suwaidi
You need to be separated from your job through no fault of your own to qualify for NYS Department of Labor benefits. This includes layoffs due to lack of work, company downsizing, business closure, or being terminated for reasons other than misconduct. Reduction in hours might qualify you for partial unemployment benefits if your earnings fall below a certain threshold. You cannot voluntarily quit unless you have good cause like unsafe working conditions or significant changes to your job terms.
0 coins
NebulaNinja
•Thanks for explaining that. So if my hours keep getting cut, I might be able to file for partial benefits? How do I know if I qualify for that?
0 coins
Dylan Mitchell
Be very careful here - trying to intentionally get yourself fired or manipulate a layoff can backfire badly. NYS Department of Labor investigates claims and if they find you deliberately caused your separation, you'll be disqualified and potentially have to pay back benefits. Focus on documenting any legitimate issues at work like hour reductions, unsafe conditions, or changes to your job duties that might constitute good cause for separation.
0 coins
Sofia Morales
•This is so true. My friend thought he was being clever and got caught. They made him pay back everything plus penalties.
0 coins
Dmitry Popov
honestly the system is so backed up right now anyway, even legitimate claims take forever to process. i've been waiting 6 weeks for my adjudication to finish and can't get through to anyone at NYS Department of Labor. maybe focus on finding better work instead of trying to game the system?
0 coins
Dylan Mitchell
•If you're having trouble reaching NYS Department of Labor, try using claimyr.com - they help people get through to agents when the phone lines are jammed. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling when my claim got stuck.
0 coins
Ava Garcia
Your best bet is to document everything if your employer is reducing hours or changing working conditions. Keep records of schedule changes, any communication about layoffs, and changes to your job duties. If you do end up separated from your job, you'll need this documentation for your NYS Department of Labor claim. The key is being prepared rather than trying to force a situation.
0 coins
NebulaNinja
•That's really helpful advice. I'll start keeping better records of the hour cuts and any company communications about staffing changes.
0 coins