When can I claim unemployment benefits through NYS Department of Labor?
I'm totally confused about when I'm actually eligible to file for unemployment in New York. I've been working at a restaurant for 8 months but my hours got cut to almost nothing last week - like maybe 6 hours total. My manager says they might have to let people go completely in the next few weeks. Can I file now while I'm still technically employed but barely getting any hours? Or do I have to wait until I'm completely laid off? I really need to know because my rent is due next week and I'm panicking about money.
9 comments


Aileen Rodriguez
You can file for partial unemployment benefits in New York if your hours have been significantly reduced. Since you're only getting 6 hours a week now, you would likely qualify for partial UI benefits. You don't have to wait until you're completely unemployed. The NYS Department of Labor allows claims when your earnings are substantially less than your full-time wages, even if you're still technically employed.
0 coins
Bruno Simmons
•Really? I had no idea about partial benefits. Do I file the same way as regular unemployment or is there a different process?
0 coins
Zane Gray
File as soon as possible! The process is the same whether you're partially or fully unemployed. Go to labor.ny.gov and start your claim. Just make sure to report any wages you do earn when you file your weekly claims. The NYS Department of Labor will calculate your partial benefit amount based on what you're still earning versus what you used to make.
0 coins
Maggie Martinez
•This is so helpful, I didn't know about partial unemployment either. My sister's going through something similar.
0 coins
Alejandro Castro
ugh the whole system is so confusing though... like when i tried to file last year it took me THREE TRIES to get through the online application without it crashing. and then they wanted all this documentation i didnt even know i needed
0 coins
Aileen Rodriguez
•The online system has definitely improved since then. But you're right that having your documents ready helps - things like your Social Security card, driver's license, and employment history for the past 18 months.
0 coins
Monique Byrd
I had a nightmare trying to reach someone at NYS Department of Labor when my claim got stuck in adjudication for weeks. Kept calling and either got busy signals or hung up on after waiting for hours. Finally found this service called Claimyr that actually got me through to a real person at the unemployment office. Check out claimyr.com - they have a video demo that shows how it works: https://youtu.be/qyftW-mnTNI. Worth it if you run into issues and need to talk to someone.
0 coins
Bruno Simmons
•Thanks for the tip! Hopefully I won't need it but good to know there's a backup option if I can't get through.
0 coins
Jackie Martinez
Just want to add that you should definitely file sooner rather than later because unemployment benefits are not retroactive to when you became eligible - they only start from when you actually file your claim. So even if you're nervous about the process, don't wait.
0 coins