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Esmeralda Gómez

What is considered unemployment by NYS Department of Labor for benefit eligibility?

I'm really confused about what actually counts as unemployment for NYS Department of Labor benefits. I got laid off from my restaurant job 2 weeks ago but I've been doing some gig work (DoorDash, Uber) to pay bills while I look for another full-time position. Does this gig work disqualify me from filing for unemployment? Also, what if I find part-time work while collecting benefits - do I lose everything or can I still get partial payments? I'm scared to file my weekly claim incorrectly and get in trouble later.

You can absolutely file for unemployment benefits even if you're doing gig work! NYS Department of Labor allows you to work part-time and still collect partial benefits as long as you report all earnings on your weekly claim. For gig work like DoorDash/Uber, you need to report your gross earnings (before expenses) for each week. The key is being honest about all income - don't try to hide it. You're considered unemployed if you're working less than 4 days per week or earning less than your weekly benefit amount plus $50.

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Thank you! So I should definitely file then. Do I report the gig earnings even if I haven't been paid yet for that week?

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The NYS Department of Labor defines unemployment pretty broadly. You qualify if you're totally unemployed OR partially unemployed. Partial unemployment means working less than your normal full-time hours or earning less than your weekly benefit rate. You have to report ALL work and earnings, including cash jobs, gig work, freelancing, even helping a friend's business. The system will calculate your partial payment automatically based on what you earned that week.

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This is so helpful. I was avoiding filing because I thought any work at all would disqualify me.

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I had the same confusion when I got reduced hours at my retail job last year. NYS Department of Labor considers you unemployed if you're able and available for work but can't find sufficient work. The important thing is that you're actively looking for full-time employment and available to accept suitable work. Report everything honestly on your weekly claims - the earnings won't necessarily stop your benefits, they just reduce the amount.

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I've been struggling to get through to NYS Department of Labor to ask about this exact situation. Their phone lines are constantly busy and the online chat never connects. I actually found a service called Claimyr (claimyr.com) that helps people get through to unemployment agents by phone. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth checking out if you need to speak to someone directly about your specific gig work situation.

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Thanks for the tip! I might need to use that if I run into issues with my claim.

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Just make sure you understand the work search requirements too! NYS Department of Labor requires 3 work search activities per week unless you're on standby with a specific return date. Gig work doesn't count toward your work search requirement - you still need to be applying for regular jobs in your field.

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wait so if im doing uber and making like $200 a week i can still get unemployment money on top of that?? that seems too good to be true

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Yes, but it's not $200 on top of your full benefit amount. NYS Department of Labor subtracts 25% of your earnings from your weekly benefit, so if you normally get $300/week and earn $200, you'd get about $250 in benefits ($300 - 75% of $200 = $150 reduction).

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