What is unemployment based on - confused about NYS Department of Labor eligibility requirements
I'm trying to understand what unemployment benefits are actually based on. I know you have to lose your job through no fault of your own, but I'm confused about how they calculate the amount you get and what other requirements there are. I worked part-time for the last two years at different jobs and I'm not sure if I even qualify. Can someone explain what NYS Department of Labor looks at when determining if you're eligible and how much you'll receive? I've been reading their website but it's really confusing with all the technical terms.
10 comments


Tasia Synder
NYS Department of Labor bases your eligibility on several factors. First, you need sufficient work history - they look at your base period which is usually the first 4 of the last 5 completed calendar quarters before you file. You need to have earned at least $2,600 in your base period and worked in at least 2 quarters. Your weekly benefit amount is calculated based on your highest quarter earnings divided by 26, up to the maximum benefit amount. You also have to be able and available for work and actively searching for employment.
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Natalia Stone
•Thanks! So they look at quarters, not just total earnings? I worked steadily but some quarters were definitely higher than others.
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Selena Bautista
yeah its based on how much you made in your highest earning quarter during the base period, they divide that by 26 to get your weekly amount but theres also a minimum and maximum so you might not get exactly that calculation
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Mohamed Anderson
The key requirements are: 1) You must be unemployed through no fault of your own (laid off, reduction in force, etc.), 2) You must have sufficient wage credits in your base period, 3) You must be physically able to work, 4) You must be available for work, and 5) You must actively search for work. NYS Department of Labor also requires you to register with the job search system and complete work search activities each week. If you quit your job or were fired for misconduct, you'll likely be disqualified.
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Ellie Perry
•What counts as misconduct exactly? I've heard different things about this and I'm worried about my situation.
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Landon Morgan
I had trouble reaching NYS Department of Labor when I needed clarification on my base period calculation. If you can't get through on the phone, I found this service called Claimyr (claimyr.com) that helps you actually connect with an agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped me get my questions answered when the regular phone lines were jammed.
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Natalia Stone
•Interesting, I'll check that out. The phone system is definitely frustrating when you just want basic information.
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Teresa Boyd
Also keep in mind that if you worked in multiple states, things get more complicated. NYS Department of Labor will coordinate with other states through interstate claims, but it can delay processing. And if you're on standby status (temporary layoff expecting to return), the rules are slightly different - you don't have to do job searches but you do have to remain available.
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Lourdes Fox
The whole system is so confusing! I wish they would just tell you upfront if you qualify instead of making you jump through hoops. At least once you're approved the weekly claims are pretty straightforward.
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Tasia Synder
•The complexity comes from all the different work situations they have to account for. But yes, once you understand your specific situation, the weekly certification process is much simpler.
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