What happens if you file for unemployment while working - NYS Department of Labor consequences?
I'm really confused about something and getting stressed out. Last month I filed an unemployment claim because my hours got cut drastically at my retail job - went from 35 hours a week to maybe 10-12 hours. I thought I could get partial unemployment benefits since I'm barely making anything now. But then my manager offered me some extra shifts and I've been working closer to 25 hours some weeks. I've been reporting all my work hours on my weekly claims like I'm supposed to, but now I'm worried - am I going to get in trouble with NYS Department of Labor for filing while I'm still technically employed? I keep seeing scary stories about overpayment notices and people having to pay everything back. What actually happens if you file for unemployment while working? Did I mess up by applying in the first place?
11 comments


Ethan Wilson
You're actually doing everything correctly! NYS Department of Labor allows partial unemployment benefits when your hours are reduced. As long as you're reporting your work hours and earnings accurately on your weekly claims, you're following the rules. The system will automatically calculate if you're eligible for any benefits each week based on your reported earnings. Don't stress about this - partial unemployment is a legitimate program designed exactly for situations like yours.
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Aisha Abdullah
•Thank you so much! I was really panicking thinking I did something wrong. So it's normal to file while still working part-time?
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NeonNova
The key thing is that you MUST report all work and earnings on your weekly certification. NYS Department of Labor has a formula - if you earn more than 1/4 of your weekly benefit rate, they start reducing your benefits. If you earn more than your full weekly benefit rate plus $50, you get nothing that week but your claim stays active. As long as you're honest about your hours and wages, you're fine.
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Yuki Tanaka
•This is exactly right. I've been on partial unemployment for 3 months now and it's totally legitimate. Just be 100% accurate with your reporting.
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Carmen Diaz
oh god i did the same thing!! was freaking out thinking they were gonna come after me but turns out its fine as long as u report everything. the system automatically figures out if u get money that week or not
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Andre Laurent
I had issues reaching NYS Department of Labor when I had questions about partial benefits and kept getting hung up on. Finally used this service called Claimyr (claimyr.com) that actually got me through to an agent who explained everything. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Might be worth checking out if you need to talk to someone directly about your specific situation.
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Emily Jackson
•Interesting, never heard of that before. Did they charge you anything for it?
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Andre Laurent
•They do charge but honestly it was worth it to get actual answers instead of spending hours on hold just to get disconnected.
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Liam Mendez
THE SYSTEM IS SO CONFUSING THO! Like why don't they explain this stuff better?? I spent weeks thinking I was gonna get arrested or something for filing while working. NYS Department of Labor website makes it sound like you can ONLY file if you're completely unemployed but that's not true at all!
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Ethan Wilson
•I totally agree the messaging could be clearer. The partial unemployment program isn't well publicized even though it helps so many people who have reduced hours.
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Emily Jackson
Just make sure you understand the job search requirements too. Even on partial unemployment you usually still need to do work search activities, though they might be reduced since you're already working.
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