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Ella Knight

What does unemployment mean for NYS Department of Labor benefits?

I'm really confused about what unemployment actually means when it comes to filing for benefits through NYS Department of Labor. Like I know it means you don't have a job but there seem to be different types? My friend mentioned something about being unemployed vs underemployed and I have no idea what the difference is. I lost my job last month and want to make sure I understand everything before I file my claim. Can someone explain what unemployment means in terms of getting benefits?

Unemployment insurance (UI) through NYS Department of Labor has specific definitions. You're unemployed if you're totally or partially without work through no fault of your own. But there are requirements - you must be able to work, available for work, and actively seeking work. 'Able' means physically and mentally capable. 'Available' means you can accept suitable work immediately. These aren't the same thing.

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So if I'm sick I wouldn't be able to work but I could still be available? This is confusing.

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Actually no - if you're sick you'd be neither able nor available. Both conditions must be met each week you claim benefits.

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Unemployment for NYS Department of Labor purposes means you're totally or partially without work through no fault of your own. There are actually several categories: totally unemployed (no work at all), partially unemployed (working reduced hours), and underemployed (working part-time when you want full-time). You can potentially get benefits for any of these situations as long as you meet the other requirements like being able and available for work.

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Ella Knight

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Oh wow I didn't know you could get benefits if you're still working some hours. That's really helpful to know!

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there's also partial unemployment if you're working reduced hours, and standby which is different from regular UI

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Tyrone Hill

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Standby is when your employer expects to recall you within a specific timeframe, usually construction or seasonal work. You don't have to do job searches on standby status but you must be ready to return when called.

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Toot-n-Mighty

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I had so much trouble understanding all this when I first filed! The NYS Department of Labor website has definitions but they're written in legal language. Basically unemployment means you lost work AND you're doing everything required to get new work. It's not just about being jobless.

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Lena Kowalski

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THIS. I thought unemployment just meant no job but then I got disqualified for not doing enough job searches. The requirements are really specific about proving you're looking for work.

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yeah i was confused about this too when i first filed. basically unemployment just means your work situation changed in a way thats not your fault. could be layoffs, reduced hours, even temporary shutdowns

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Jade Santiago

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Exactly right. The key phrase is 'through no fault of your own' - that's what makes you eligible for UI benefits through NYS Department of Labor. If you quit voluntarily or got fired for misconduct, that's different and you might not qualify.

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When I couldn't get through to NYS Department of Labor to clarify my eligibility questions, I used this service called Claimyr (claimyr.com) that actually got me connected to an agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Finally got answers about whether my situation qualified as unemployment.

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How much does that cost? I've been trying to call for weeks.

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Mei-Ling Chen

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unemployment also includes if you quit for good cause or got fired for reasons that weren't misconduct. but the NYS Department of Labor decides what counts as good cause and it's pretty strict

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Caleb Stone

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I've been dealing with NYS Department of Labor for months and honestly their definition of unemployment is pretty broad. As long as you're available for work and actively seeking employment, you can potentially get benefits even if you're doing some gig work or part-time stuff. The weekly benefit amount just gets adjusted based on what you earn.

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Ella Knight

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That makes sense. So it's not just all or nothing - you can be partially unemployed too?

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Caleb Stone

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Right! If you're working part-time but want full-time work, or if your hours got cut, you might still qualify. NYS Department of Labor has a formula for calculating partial benefits based on your earnings.

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Daniel Price

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The whole unemployment system is SO confusing honestly. I spent weeks trying to figure out if I qualified because I was working like 15 hours a week but needed full-time work to pay my bills. Turns out I did qualify for partial benefits! I wish they made this stuff clearer on their website.

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If you're having trouble reaching NYS Department of Labor directly to get these questions answered, I actually found this service called Claimyr that helps you get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Sometimes talking to a real person makes all the difference in understanding your specific situation.

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Olivia Evans

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Been there! The basic definition is that you're unemployed if you're without work or working significantly fewer hours than normal, and it's not because you chose to leave or did something wrong. NYS Department of Labor wants to see that you're genuinely looking for work and available to take a job if one comes up.

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