NYS Department of Labor - is underemployment considered unemployment for benefits?
I'm working part-time at a retail job making about $180 a week but I was laid off from my full-time position in December that paid $850 weekly. I keep seeing mixed information about whether underemployment qualifies for NYS Department of Labor benefits. Can I file a claim even though I'm technically employed? I'm struggling to pay my rent with just the part-time income and need to know if I can get partial unemployment benefits to make up the difference.
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Liam Fitzgerald
Yes, you can definitely file for partial unemployment benefits in New York! The NYS Department of Labor allows you to collect partial UI benefits if you're working reduced hours or at a lower-paying job than your previous position. You'll need to report your weekly earnings when you file your weekly claim, and they'll calculate your benefit amount based on the difference. Make sure you have your employment separation paperwork from your full-time job.
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Mei Lin
•That's such a relief to hear! Do you know if there's a minimum number of hours I need to work to still qualify? I'm only getting about 15-20 hours per week at the retail job.
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GalacticGuru
The key thing with partial benefits is that your weekly earnings can't exceed your weekly benefit rate. So if NYS Department of Labor determines your weekly benefit rate is $400, and you're earning $180 from part-time work, you'd get the difference minus a small work incentive deduction. You still need to do your job search activities and file weekly claims just like regular unemployment.
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Amara Nnamani
•wait so you still have to job search even if you're already working? that seems weird
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GalacticGuru
•Yes, because you're still considered unemployed or underemployed. The job search requirement is to find suitable full-time work that matches your previous earnings level.
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Giovanni Mancini
I had the EXACT same situation last year! Lost my office job and took a part-time cashier position while looking for something better. NYS Department of Labor approved my partial benefits after about 2 weeks of adjudication. Just be super honest about your part-time work when you file - don't try to hide it or you'll get in trouble later.
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Mei Lin
•How long did it take for your first payment? I'm worried about the timing since my rent is due in two weeks.
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Fatima Al-Suwaidi
Getting through to NYS Department of Labor by phone is nearly impossible right now. I've been trying for weeks to get clarification on my own partial benefits situation. If you need to speak to someone urgently, I found this service called Claimyr at claimyr.com that actually gets you connected to a real agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling and getting hung up on.
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Dylan Cooper
•How much does something like that cost though? I'm already tight on money
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Fatima Al-Suwaidi
•It was worth it for me to get my questions answered quickly rather than spending days calling. You can check their site for details, but it solved my problem when I couldn't reach anyone the normal way.
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Sofia Morales
just file online its not that complicated, i did mine in like 10 minutes and got approved
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Mei Lin
•Did you have any issues with the part-time work complicating things? I'm worried they'll reject it because I'm currently employed.
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Raul Neal
•@Mei Lin I was in a similar spot - working part-time while collecting partial benefits. The online application actually has a specific section where you report your part-time earnings, so they expect it. As long as you re'honest about your current work situation and your previous full-time job loss, you should be fine. The system is designed to handle underemployment cases like yours.
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Malik Robinson
I went through this exact situation about 6 months ago when I got laid off from my marketing job and had to take a part-time gig at a coffee shop. The NYS Department of Labor was actually really helpful once I got through the initial application process. One thing I wish someone had told me earlier - make sure you keep detailed records of ALL your part-time earnings and hours worked each week. They'll ask for this information when you file your weekly claims, and having everything organized made the process so much smoother. Also, don't be discouraged if your first payment takes a bit longer than expected - mine took about 3 weeks, but the back pay covered everything once it came through. You definitely qualify for partial benefits given your situation!
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