What counts as a qualifying separation for unemployment benefits with NYS Department of Labor?
I'm trying to figure out if my situation qualifies for unemployment benefits. I left my job last month because my hours got cut from 40 to 15 per week and I couldn't afford to stay. My manager said it was temporary due to slow business but didn't give me any timeline. Does this count as a qualifying separation for unemployment? I'm confused about what the NYS Department of Labor considers valid reasons for leaving a job voluntarily.
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Nia Davis
Yes, substantial reduction in hours can qualify as good cause for leaving. The NYS Department of Labor considers it constructive dismissal when your hours are reduced significantly below what you were hired for. You'll need to document the hour reduction and show you had no choice but to leave to find adequate work.
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Luca Ferrari
•That's a relief! I saved all my pay stubs showing the hour cuts. Should I mention in my application that I tried to work with the reduced schedule first?
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Mateo Martinez
i think you have to be fired to get unemployment not quit
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QuantumQueen
•Not true - there are several qualifying reasons for voluntary separation. Substantial hour reduction, unsafe working conditions, harassment, or significant changes to job duties can all qualify as good cause under NYS Department of Labor rules.
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Aisha Rahman
I had a similar situation two years ago when my employer cut everyone's hours by more than 50%. The adjudication process took about 3 weeks but they approved my claim. Make sure you emphasize that you had no choice economically - 15 hours isn't enough to live on. Document everything about the hour reduction including any communication with your employer.
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Ethan Wilson
•Did you have trouble getting through to NYS Department of Labor to check on your claim status during adjudication? I've been trying to call for days and keep getting disconnected.
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Aisha Rahman
•Yes, the phone system is terrible. I actually used a service called Claimyr that helped me get through to an actual person at NYS Department of Labor. They have this system that keeps calling until someone picks up - saved me hours of frustration. Check out claimyr.com, they even have a video demo at https://youtu.be/qyftW-mnTNI showing how it works.
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Yuki Sato
Other qualifying separations include being fired for reasons other than misconduct, layoffs, plant closures, or leaving due to domestic violence. The key is proving you didn't quit without good cause. Your hour reduction sounds like it would qualify but be prepared for them to contact your employer during the investigation.
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Luca Ferrari
•Will my employer try to fight the claim? I'm worried they'll say I could have stayed with the reduced hours.
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Yuki Sato
•Employers can contest claims but hour reduction cases are usually pretty clear cut. If you can show the reduction made the job economically unviable, that's good cause. Keep records of your living expenses to show 15 hours wasn't sustainable.
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Chloe Harris
I went through this exact situation last year with NYS Department of Labor. A reduction from 40 to 15 hours is definitely substantial enough to qualify as good cause for leaving - that's over a 60% cut in your income! When you file your claim, make sure to select "reduction in hours/wages" as your reason for separation. The department will likely schedule a phone interview to get more details about your situation. Be prepared to explain that the reduced hours made it impossible to meet your basic living expenses and that your employer couldn't provide a timeline for when hours would be restored. I'd also recommend documenting any job search efforts you made while still employed at reduced hours, as this shows you tried to mitigate the situation before leaving.
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Mateo Gonzalez
•This is really helpful advice! I didn't realize there was a specific "reduction in hours/wages" option when filing. Should I wait to hear back from the phone interview before starting to look for new work, or can I job search while my claim is being processed? I want to make sure I'm following all the requirements correctly.
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