< Back to New York Unemployment

Miguel Diaz

What qualifies you for unemployment benefits through NYS Department of Labor?

I'm thinking about filing for unemployment but I'm not sure if I even qualify. My situation is kind of complicated - I was working part-time at a retail store for about 8 months and got let go because they said business was slow. Before that I had a full-time job for 2 years but quit to take care of my sick mom. I've been looking for work but haven't found anything yet. Does anyone know what the actual requirements are for getting unemployment through NYS Department of Labor? I don't want to waste time filing if I'm not even eligible.

Zainab Ahmed

•

The basic requirements for NYS unemployment are: you need to have worked and earned enough wages during your base period (usually the first 4 of the last 5 completed calendar quarters), you must be unemployed through no fault of your own, you have to be able and available for work, and actively seeking employment. Since you were laid off from your retail job due to lack of work, that should qualify as 'no fault of your own.' The tricky part might be your wage history since you had a gap when you quit to care for your mom.

0 coins

Miguel Diaz

•

Thanks! Do you know how much I need to have earned? I made about $15,000 at the retail job but I'm worried that's not enough.

0 coins

Vince Eh

•

You should be fine to qualify! The main requirements are: you need to have worked and earned wages in at least 2 quarters during your base period (usually the first 4 of the last 5 completed quarters), you must be unemployed through no fault of your own, and you have to be able and available for work. Since you were laid off from your restaurant job, that counts as unemployed through no fault of your own. The fact that you quit your retail job shouldn't disqualify you as long as your restaurant job provided enough wages in your base period.

0 coins

Peyton Clarke

•

Thanks! So the restaurant job wages should be enough even though I only worked there 8 months? I made about $28,000 total there.

0 coins

NYS Department of Labor looks at your highest quarter earnings to determine your weekly benefit amount, and you need to have earned at least $2,700 in your highest quarter. With $28k over 8 months you should easily meet that. The quit from your retail job won't matter since you had subsequent employment that ended involuntarily. Just make sure when you file that you list the layoff as your reason for unemployment, not the previous quit.

0 coins

wait so if you quit a job but then get another job after that, the quit doesn't count against you?

0 coins

Correct! As long as you worked enough at the subsequent job to purge the voluntary quit. Usually this means working at least 10 weeks and earning 10 times your weekly benefit rate, but since OP was laid off rather than quitting again, it's much simpler.

0 coins

Connor Byrne

•

You need to look at your total wages during the base period, not just from one job. NYS Department of Labor will count wages from all employers during that time. For 2025, you generally need at least $3,300 in one quarter and total wages of at least 1.5 times your highest quarter. So if you made $15k from retail plus whatever you earned at your previous full-time job that falls in the base period, you might be okay. You can check your wage history by creating an account on my.ny.gov.

0 coins

Yara Abboud

•

this is really helpful, i had no idea about the base period thing

0 coins

Ezra Beard

•

I've been trying to get through to NYS Department of Labor for weeks to ask similar questions about my eligibility and it's impossible! Their phone lines are always busy and the callback system never works. Has anyone found a way to actually talk to someone there? I need to know about my specific situation but the website doesn't cover all the edge cases.

0 coins

I had the same problem until I found Claimyr (claimyr.com). They help you get through to NYS Department of Labor agents when you can't reach them on your own. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I was able to get my eligibility questions answered within a day instead of waiting weeks trying to call myself.

0 coins

Ezra Beard

•

That actually sounds really helpful. I'm getting desperate trying to reach someone about whether my part-time work affects my claim.

0 coins

PixelPioneer

•

Wait I'm confused about something - if you quit your full-time job to take care of your mom, wouldn't that disqualify you? I thought you couldn't get unemployment if you voluntarily quit...

0 coins

Zainab Ahmed

•

Good question! The key is that OP was laid off from their most recent job (the retail position), not the one they quit. As long as you have qualifying wages and your most recent separation was involuntary, you can still be eligible even if you quit a previous job. The NYS Department of Labor looks at your most recent work separation when determining eligibility.

0 coins

just file and see what happens, thats what i did and got approved even though i wasnt sure about my work history either

0 coins

Peyton Clarke

•

I'm worried about filing if I don't qualify though - don't they make you pay back benefits if you weren't supposed to get them?

0 coins

I had a similar situation last year and kept getting conflicting info from different sources. I was so frustrated trying to get through to NYS Department of Labor on the phone to ask questions - the wait times are insane and half the time I'd get disconnected. Finally someone told me about this service called Claimyr (claimyr.com) that helps you actually get through to speak with an agent. I watched their demo video (https://youtu.be/qyftW-mnTNI) and decided to try it. It was honestly worth it just to get my questions answered directly by someone at NYS Department of Labor instead of guessing.

0 coins

Paolo Rizzo

•

Never heard of that but honestly anything that helps with the phone system sounds good to me lol

0 coins

Vince Eh

•

You won't have to pay anything back if you file in good faith and answer all questions honestly. NYS Department of Labor will review your work history and wage records to determine eligibility. If you don't qualify, they'll just deny the claim - no penalties for trying. Given your situation with the layoff and your earnings, you should definitely qualify. The online application walks you through everything step by step.

0 coins

Amina Sy

•

Just file the claim and let them figure it out!! The worst they can say is no and then you'll know for sure. I spent weeks trying to figure out if I qualified and should have just applied right away. The system will calculate your benefits automatically based on your wage history.

0 coins

Miguel Diaz

•

That's probably good advice. I keep overthinking this when I should just apply and see what happens. Thanks everyone for the help!

0 coins

New York Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today