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Dylan Hughes

When can an employee claim unemployment benefits through NYS Department of Labor?

I'm trying to figure out the basic rules for when someone can actually file for unemployment in New York. My hours got cut down to almost nothing at my retail job and I'm not sure if I qualify yet or if I need to wait until they officially lay me off. I've been working there for about 8 months but now I'm only getting like 10 hours a week which isn't enough to pay my bills. Can I apply for partial unemployment or do I have to be completely unemployed first? Also wondering about the job search requirements and if there's a waiting period before benefits start.

NightOwl42

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You can definitely file for partial unemployment benefits in New York! If your hours were reduced through no fault of your own, you're eligible. You need to have worked at least 2 quarters in your base period and earned sufficient wages. For partial benefits, you can work up to 3 days per week or earn up to $504 weekly and still qualify for some unemployment. The key is that the reduction wasn't due to your performance or misconduct.

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Dylan Hughes

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That's really helpful! So I don't have to wait to be completely laid off? I was worried about that part.

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Yeah partial UI is definitely a thing. Just make sure you report your earnings accurately each week when you do your weekly claim. The NYS Department of Labor will calculate how much you get based on what you're still earning. And yes you'll still need to do job search activities even for partial benefits.

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Dmitry Ivanov

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How many job searches do you need to do for partial unemployment? Is it the same as regular UI?

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Same requirements - 3 job search activities per week unless you're in a union or on standby status.

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Ava Thompson

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If you're having trouble getting through to NYS Department of Labor to ask questions about your specific situation, I used a service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have this video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really saved me hours of trying to call and getting busy signals.

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Dylan Hughes

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Thanks, I'll check that out if I run into issues with my application!

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wait so you can work part time and still get unemployment?? i thought you had to be completely unemployed! this changes everything for me because my restaurant cut everyone's shifts but didnt lay anyone off

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NightOwl42

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Yes! A lot of people don't know about partial benefits. As long as your hours/wages were reduced involuntarily, you can apply. Just make sure to report all your earnings when you file your weekly claims.

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Zainab Ali

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Just be prepared for the process to take forever. I applied for partial benefits 3 weeks ago and my claim is still in adjudication. The NYS Department of Labor system is so backed up it's ridiculous. But yes you should definitely apply if your hours got cut.

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Dylan Hughes

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Ugh that's frustrating. Did they give you any timeframe for when adjudication might be done?

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Zainab Ali

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Nope, just says 'in progress' on my account. No updates whatsoever.

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