What can you get unemployment for - confused about NYS Department of Labor eligibility rules
I'm really confused about what qualifies you for unemployment benefits in New York. I know you can get it if you're laid off, but what about other situations? Like if you quit because your boss was harassing you, or if you get fired for being late a few times? My friend said something about constructive discharge but I don't really understand what that means. Also does it matter if you were part-time vs full-time? I've been working part-time at a retail store for 8 months and they just cut my hours to almost nothing. Not sure if I should even bother applying to NYS Department of Labor or if I'd just get denied. Can someone explain the basic rules?
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Edwards Hugo
The basic rule is you need to be unemployed through no fault of your own. Here are the main qualifying reasons: layoffs, reduction in force, business closure, lack of work, some types of discharge (but not for misconduct), and certain voluntary quits with good cause. For part-time work, you can still qualify if you meet the wage requirements - you need earnings in at least 2 quarters during your base period. Constructive discharge means you quit because working conditions became so intolerable that a reasonable person would have quit too.
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Dylan Fisher
•Thanks! So if my hours got cut to like 8 hours a week, would that count as lack of work? And what's this base period thing?
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Gianna Scott
You can also get unemployment if you quit for specific good cause reasons like: unsafe working conditions, harassment that your employer won't address, significant changes to your job duties or pay, domestic violence situations, or if you have to move for your spouse's job. But you need to document these reasons well because NYS Department of Labor will investigate. Being fired for attendance issues usually disqualifies you unless there were extenuating circumstances.
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Alfredo Lugo
•This is helpful but how do you prove harassment? I quit my last job because my supervisor was making inappropriate comments but I never filed any complaints with HR.
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Gianna Scott
•That's tough without documentation. NYS Department of Labor looks for evidence you tried to resolve the issue first. Emails, witness statements, or HR complaints help your case a lot.
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Sydney Torres
I've been dealing with NYS Department of Labor for months trying to get through to someone about my claim status. If you're thinking about applying, be prepared for long wait times and confusing automated systems. I had to call like 50 times before getting through to an actual person. Someone on here mentioned using claimyr.com to help get connected to agents faster - they have a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth checking out if you run into the same phone issues I did.
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Kaitlyn Jenkins
•Never heard of that service but honestly anything would be better than calling the regular number. Takes forever to get through.
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Caleb Bell
just apply and see what happens!! worst they can do is say no. i got approved even though i thought i wouldnt qualify. the system is so confusing anyway that sometimes you get lucky
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Edwards Hugo
•While it's true that applying doesn't hurt, it's better to understand the rules first. If you get benefits you're not entitled to, you might have to pay them back with penalties.
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Danielle Campbell
Yeah I was in a similar situation with reduced hours. You might qualify for partial unemployment benefits if your hours were significantly cut. The key is that your weekly earnings have to be less than your weekly benefit amount. NYS Department of Labor has worksheets to calculate this but honestly their website is pretty confusing to navigate.
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