What are valid reasons you can file for unemployment with NYS Department of Labor?
I'm trying to figure out if I qualify to file for unemployment benefits through NYS Department of Labor. My situation is kind of complicated - I was working part-time at a restaurant but they cut my hours down to basically nothing over the past month. My manager says it's temporary but I can't pay my bills with 8 hours a week. I heard you might be able to get unemployment even if you're still technically employed? What are all the different reasons you can file for unemployment in New York? I don't want to file if I'm not eligible and mess something up.
13 comments


Ethan Davis
You can definitely file for unemployment in several situations beyond just being completely laid off. The main qualifying reasons include: being terminated through no fault of your own, being laid off due to lack of work, having your hours significantly reduced (which sounds like your situation), quitting for good cause like unsafe working conditions or harassment, being temporarily laid off, or being unable to work due to illness/injury. For reduced hours, you might qualify for partial unemployment benefits if your weekly earnings fall below a certain threshold.
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Aisha Abdullah
•That's really helpful! So even though I'm still technically employed, the fact that my hours got cut so drastically might qualify me for partial benefits? Do you know what the threshold is for weekly earnings?
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Yuki Tanaka
Here's what I learned from my own experience with NYS Department of Labor - you can file if you're laid off, fired for reasons other than misconduct, quit for good cause (like harassment or dangerous conditions), have your hours reduced significantly, or are on temporary layoff. The key thing is you have to be unemployed through no fault of your own. If you quit without good cause or get fired for misconduct, you won't qualify. For partial unemployment like your situation, you need to earn less than your weekly benefit amount to get partial payments.
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Carmen Ortiz
•this is exactly what happened to me last year, filed for partial unemployment when my retail job cut everyone's hours during slow season
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MidnightRider
I had a nightmare trying to reach NYS Department of Labor to ask about my eligibility when I was in a similar situation. Kept getting busy signals and when I did get through, I'd get hung up on after waiting forever. Finally found this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made the whole process so much easier than trying to call repeatedly on my own.
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Andre Laurent
•How does that work exactly? Do they just help you get through the phone system or do they actually talk to the agents for you?
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MidnightRider
•They help you get connected to a real NYS Department of Labor agent so you can ask your questions directly. Super simple to use and way better than the endless busy signals.
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Zoe Papadopoulos
Wait I'm confused about the partial unemployment thing... if you're still working some hours can you really get benefits? I thought unemployment was only if you're completely out of work. This is making me think I might have missed out on benefits when my hours got cut last winter.
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Ethan Davis
•Yes, you can get partial unemployment benefits in New York if your weekly earnings are less than your weekly benefit amount. It's designed to help people whose hours have been reduced. You should definitely look into whether you were eligible during your situation last winter.
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Jamal Washington
don't forget about constructive dismissal too - thats when your employer makes working conditions so bad that you have no choice but to quit. Had a friend who successfully got UI after quitting because her boss was making her life hell
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Carmen Ortiz
The restaurant industry is notorious for cutting hours instead of laying people off properly. At least with partial unemployment you can get some help while looking for something more stable. Good luck with your claim!
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Leo Simmons
Just wanted to add that when you do file, make sure to keep detailed records of your reduced hours and any communication with your manager about the "temporary" nature of the cuts. NYS DOL will want to see documentation that the reduction wasn't your fault. Also, you can file online through the NY.gov website which is usually faster than trying to call. The system will walk you through questions to determine if you qualify for partial benefits based on your specific situation. Don't wait too long to file though - there's usually a waiting period before benefits start.
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Tasia Synder
•This is really solid advice about keeping documentation! I'm definitely going to start keeping track of everything now. One question though - when you say don't wait too long to file, is there a specific deadline? Like if my hours were cut 3 weeks ago, am I already too late to get benefits for those weeks?
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