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Liam Sullivan

Valid reason to file for unemployment - NYS Department of Labor eligibility question

I'm trying to figure out if I have a valid reason to file for unemployment benefits with NYS Department of Labor. My situation is kind of complicated - I was working at a retail store for about 8 months but they cut my hours from 35 hours per week down to just 12 hours. With rent and bills I can't survive on that little income. I heard you might be able to get partial unemployment if your hours get cut drastically but I'm not sure if that counts as a valid reason to file. The manager said it's temporary due to slow sales but it's been 6 weeks now. Has anyone filed for reduced hours before? What counts as a legitimate reason for NYS Department of Labor to approve your claim?

Amara Okafor

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Yes, reduced hours definitely qualify for partial unemployment benefits in New York! You can file if your weekly earnings are less than your weekly benefit rate. NYS Department of Labor considers this 'underemployment' and you're eligible as long as you're still working some hours but earning significantly less than your full-time wage. You'll need to report your weekly earnings when you certify each week.

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Liam Sullivan

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That's really helpful! Do I need to keep looking for other work while getting partial benefits or can I just wait for my hours to increase at my current job?

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i filed for partial UI last year when my restaurant cut everyone's shifts. took about 3 weeks to get approved but i got benefits for the hours i lost. just make sure you report exactly what you earn each week or they'll hit you with an overpayment later

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Good point about reporting earnings accurately. NYS Department of Labor is really strict about that. You still have to do job search activities even with partial benefits - 3 work search contacts per week unless you're on standby status with your employer.

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StarStrider

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ugh the system is so confusing!! I tried filing when my hours got cut but gave up after the website kept crashing. How do you even get through to talk to someone at NYS Department of Labor when you have questions about your claim??

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I had the same problem trying to reach them by phone - kept getting disconnected or the line was busy. I ended up using this service called Claimyr (claimyr.com) that actually got me through to a NYS Department of Labor agent. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Saved me hours of trying to call myself.

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Sofia Torres

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Just want to add that there are other valid reasons to file besides reduced hours - layoffs obviously, but also if you quit for good cause like unsafe working conditions or harassment. Being fired for misconduct usually disqualifies you though. The key is proving you're unemployed through no fault of your own.

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exactly this helped me when i quit my last job because they weren't paying overtime properly

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