What are the reasons for unemployment that qualify for NYS Department of Labor benefits?
I'm trying to understand all the different situations that would make someone eligible for unemployment benefits through NYS Department of Labor. I know being laid off counts, but what about other circumstances? Like if you quit for a good reason, or get fired, or have your hours reduced? I'm helping my sister figure out if she can apply after her restaurant cut her schedule from full-time to just 8 hours a week. She's basically lost her livelihood but technically still employed. Would love to hear from people who've been through different situations and what NYS Department of Labor told them.
13 comments


StarStrider
There are several qualifying reasons for unemployment benefits in New York. The main categories are: involuntary job loss (layoffs, business closure, position elimination), constructive discharge (forced to quit due to unsafe conditions, harassment, or substantially changed work conditions), domestic violence situations, and partial unemployment when your hours are significantly reduced. Your sister's situation with hours cut from full-time to 8 hours per week would likely qualify for partial unemployment benefits. She should definitely file a claim.
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Fatima Al-Qasimi
•That's really helpful! So she can file even though she's technically still employed? What counts as 'significantly reduced' hours?
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Dylan Campbell
I went through something similar last year when my hours got cut from 40 to 12 per week. NYS Department of Labor approved my partial unemployment claim. The key is that the reduction has to be through no fault of your own and substantial enough that you're earning less than your weekly benefit amount would be. You have to keep reporting the hours you do work on your weekly claims, but you can still receive partial benefits to make up some of the difference.
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Sofia Torres
•How long did it take for your claim to get approved? I've been waiting 3 weeks already and getting nervous.
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Dmitry Sokolov
just wanted to add that if you quit for certain reasons it can still qualify - like if your employer changes your job duties completely or cuts your pay significantly. but you have to prove it was a 'good cause' reason
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Ava Martinez
Be careful though because NYS Department of Labor is really strict about investigating why you left or had hours reduced. They'll contact your employer to verify everything. If there's any indication you caused the situation yourself or refused available work, they'll deny your claim. I've seen people get denied for the smallest things. Make sure your sister documents everything about the hour reduction - emails, schedules, anything showing it wasn't her choice.
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Fatima Al-Qasimi
•Good point about documentation. She does have the email where her manager told everyone about the schedule cuts due to slow business.
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Miguel Ramos
If you're having trouble getting through to NYS Department of Labor to ask about your specific situation, I had luck using a service called Claimyr that helps you actually reach an agent. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Way better than sitting on hold for hours only to get disconnected.
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Dylan Campbell
•How much does something like that cost? I'm already struggling financially and can't afford expensive services.
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QuantumQuasar
Your sister should definitely apply! The worst they can say is no, but with that dramatic of an hour reduction she has a strong case. Just make sure she keeps looking for other work too because that's a requirement for continuing to receive benefits.
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Megan D'Acosta
I went through a similar situation when I was let go during a company restructuring. NYS Department of Labor considers several scenarios beyond just layoffs - including reduction in hours like your sister's case. From my experience, going from full-time to 8 hours weekly definitely qualifies as partial unemployment. The key things that helped my claim were: 1) Having documentation that the hour reduction was employer-initiated, not my choice, 2) Showing I was actively seeking additional work to make up the lost income, and 3) Being completely honest on all forms about my situation. I'd recommend your sister file as soon as possible since there can be a waiting period, and she should gather any written communication about the schedule change. The online application walks you through everything step by step.
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Katherine Shultz
•This is really comprehensive advice, thank you! The part about being honest on all forms is something I hadn't thought to emphasize to her. Did you find the online application straightforward to navigate? I'm worried she might make a mistake that could delay or hurt her claim.
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Emma Wilson
I had a similar experience when my retail job reduced my hours from 35 to 10 per week last year. NYS Department of Labor was actually pretty reasonable about it - they approved my partial benefits claim within about 2-3 weeks. The key things I learned: make sure your sister applies online through the official NY.gov website as soon as possible since benefits can be backdated to when you first became eligible, not when you finally apply. Also, she'll need to certify weekly that she's still working those reduced hours and actively looking for additional work. One thing that surprised me was that even with partial benefits, I still had to do the work search requirement - so she should start documenting her job search efforts right away. The combination of her remaining wages plus partial unemployment should help bridge the gap while she looks for something more stable.
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