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Harper Thompson

What qualifies for unemployment benefits in NY? NYS Department of Labor eligibility confusion

I'm trying to figure out if I qualify for unemployment benefits through NYS Department of Labor but their website is confusing me. I left my retail job last month because my hours got cut from 40 to 15 per week and I couldn't afford to live on that. My manager said it wasn't permanent but it's been 6 weeks now. Do I qualify since I technically quit? I've been working for 18 months at this job and made about $28,000 last year. Also heard something about needing to be available for work - does that mean I have to take any job or can I look for something in my field? Really need to understand what qualifies for unemployment before I waste time filing.

Caleb Stark

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You might actually qualify for unemployment benefits even though you quit. NYS Department of Labor considers reduced hours as 'constructive dismissal' if the reduction is substantial and indefinite. A cut from 40 to 15 hours weekly definitely qualifies. You'll need to show you had good cause for leaving - financial hardship from the hour reduction counts. For eligibility, you need sufficient work history (sounds like you have that) and must be able and available for work, which means actively seeking employment but you can be selective about the type of work as long as it's reasonable for your skills and experience.

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Thank you! That's really helpful. So I don't have to take just any minimum wage job if I'm looking for something closer to what I was doing? I was worried about that part.

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Jade O'Malley

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yeah the able and available thing trips people up but its not as strict as it sounds. you can turn down jobs that pay way less than what you made before or are totally different field. just gotta show youre actually looking

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Good to know! I've been applying to similar retail management positions so hopefully that shows I'm actively searching.

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I was in a similar situation last year where my restaurant cut everyone's hours due to 'restructuring' that never ended. Took me forever to get through to someone at NYS Department of Labor to verify my eligibility. The phone system is absolutely terrible - you'll sit on hold for hours just to get disconnected. I actually found this service called Claimyr that helped me get through to an actual agent. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made the whole process so much easier than trying to navigate their phone system myself.

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Ella Lewis

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Interesting, never heard of that service before. Did they charge you a lot for it?

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It was worth it just to avoid the frustration of their phone system. Much better than spending entire days trying to get through on my own.

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For NYS Department of Labor unemployment eligibility, you need to meet both monetary and non-monetary requirements. Monetary means you earned enough in your base period (usually first 4 of last 5 completed quarters). Non-monetary includes being unemployed through no fault of your own, able and available for work, and actively seeking employment. Your situation with hour reduction should qualify as involuntary unemployment. You'll file weekly claims certifying you're looking for work and report any income. The job search requirement is typically 3 contacts per week but can vary.

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Perfect breakdown, thank you. I think I have enough earnings from last year to meet the monetary part. Just nervous about the whole process.

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ugh the whole system is so confusing and they make it hard on purpose!! i quit my job because my boss was harassing me and they still gave me a hard time about 'voluntary separation' even though i had documentation. took months to sort out. good luck with yours but prepare for a fight

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Alexis Renard

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Sorry you went through that! Workplace harassment definitely should qualify as good cause for quitting.

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