What is the official definition of unemployment according to NYS Department of Labor?
I'm trying to understand exactly what qualifies as 'unemployed' according to NYS Department of Labor standards. My cousin keeps telling me I don't qualify because I do some freelance work occasionally, but I was laid off from my full-time job three months ago. The NYS Department of Labor website has so much information but I can't find a clear definition. Does anyone know the official criteria they use? I want to make sure I'm filing my weekly claims correctly and not getting myself in trouble.
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CosmosCaptain
NYS Department of Labor defines unemployment as being totally or partially unemployed through no fault of your own. You can work part-time (under 30 hours) and still collect partial benefits as long as you report all earnings on your weekly claim. The key is that your job loss wasn't due to misconduct or voluntary quit without good cause.
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Ravi Choudhury
•Thank you! So if I'm working maybe 10-15 hours a week now but lost my full-time position, I should still apply?
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Ethan Taylor
The NYS Department of Labor defines unemployment as being without work, able and available for work, and actively seeking employment. You can still qualify even with part-time or occasional freelance work as long as you report it on your weekly claim certification. The key is that you must be ready to accept suitable full-time employment if offered.
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Aisha Khan
•So the freelance work won't automatically disqualify me? I've been reporting it every week but wasn't sure if I should even be filing claims.
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Yuki Ito
You also have to meet the earnings requirements from your base period to establish a claim. NYS Department of Labor looks at your earnings in the first four of the last five completed calendar quarters before you filed. Plus you need to have worked in at least two quarters during that period.
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Carmen Lopez
•Wait, what if you worked full time for like 8 months but it was all in the same calendar year? Does that count as two quarters?
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Yuki Ito
•Yes, if you worked January through August for example, that would cover quarters 1, 2, and 3 of that year, so you'd meet the two-quarter requirement.
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Freya Johansen
yeah definitely apply if you lost your main job, they'll calculate partial benefits based on what you earn vs your benefit amount
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Omar Fawzi
The official definition also includes being able and available for work. You need to be actively seeking full-time employment and meet the weekly job search requirements. Part-time work doesn't disqualify you but you must still be looking for full-time work and report all earnings honestly on your weekly claims.
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Chloe Wilson
•What exactly counts as 'actively seeking' work? I've been applying online but haven't had any interviews yet.
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Andre Dupont
ugh the whole system is so confusing!! I've been trying to reach someone at NYS Department of Labor for weeks to ask about my specific situation but can never get through on the phone
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QuantumQuasar
•I had the same problem until someone told me about claimyr.com - it's a service that helps you get through to NYS Department of Labor agents. I watched their demo video at https://youtu.be/qyftW-mnTNI and decided to try it. Got connected to an agent within an hour and finally got my questions answered about my claim status.
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Zoe Papanikolaou
The most important thing is being honest about everything. NYS Department of Labor will eventually audit claims and if they find you weren't truthful about your work or availability, you could face overpayment penalties. Always report any work, even if it's just a few hours.
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Jamal Wilson
Also don't forget about the job search requirements! You need to make at least 3 work search contacts per week unless you're on standby or have a union hiring hall exemption. Keep good records because they do check.
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Aisha Khan
•Thanks everyone, this really helps clarify things. I feel much better about continuing to file my weekly claims while doing occasional freelance work.
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Diego Mendoza
I had similar situation last year - was doing freelance work after losing my regular job. NYS Department of Labor approved my claim but I had to report every penny I earned. They reduce your benefits dollar for dollar after you earn more than $405 per week. Just be completely honest about all income.
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Anastasia Romanov
The unemployment system is so confusing! I thought any work at all would disqualify you completely.
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Omar Fawzi
•That's a common misconception. NYS Department of Labor wants people to work if they can - partial benefits encourage taking whatever work is available while searching for full-time employment.
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Diego Mendoza
If you're having trouble reaching NYS Department of Labor to clarify your specific situation, I used a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped when I needed to verify my work reporting requirements.
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Ravi Choudhury
•That's interesting - I've been trying to call for two days with no luck. How does that service work exactly?
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StellarSurfer
Bottom line: unemployment means you lost work through no fault of your own AND you're able/available to work. Part-time earnings don't disqualify you but get reported and may reduce your weekly benefit amount. Always better to apply and let them determine eligibility than assume you don't qualify.
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