When can an employee collect unemployment benefits through NYS Department of Labor?
I'm trying to understand the basic rules for when someone can actually collect unemployment benefits in New York. My job situation is getting unstable and I want to know what qualifies you for UI benefits. Like if you get fired vs laid off vs quit - what are the differences? And do you have to work a certain amount of time first? I've never filed for unemployment before so I'm not sure what the NYS Department of Labor requires.
12 comments
Join the conversation
Oliver Becker
The main requirement is that you must be unemployed through no fault of your own. This typically means being laid off, having your position eliminated, or being discharged for reasons other than misconduct. You also need sufficient work history - generally you must have worked and earned wages in at least 2 of the last 4 quarters before filing. If you quit voluntarily, you usually won't qualify unless you can prove you had good cause like unsafe working conditions or harassment.
0 coins
Amina Bah
•What counts as misconduct? My supervisor has been really difficult lately and I'm worried they might try to fire me for something minor.
0 coins
Natasha Petrova
been there, the wage requirement trips up a lot of people. you need to have earned at least $2800 in your highest earning quarter and total wages of at least 1.5 times that amount. so if you made $3000 in your best quarter you'd need at least $4500 total
0 coins
Amina Bah
•That's helpful, I think I meet those requirements. What about if you're working part-time, can you still collect?
0 coins
Javier Hernandez
Yes, you can collect partial benefits if you're working part-time, as long as your weekly earnings don't exceed your weekly benefit rate. The NYS Department of Labor has a formula for calculating partial benefits. You'll need to report all earnings when you file your weekly claim. Also remember you must be able and available for full-time work and actively seeking employment to maintain eligibility.
0 coins
Emma Davis
•The job search requirement is no joke either. You need to make at least 3 job contacts per week and keep detailed records. NYS Department of Labor can audit your job search log at any time.
0 coins
LunarLegend
What if you get fired for attendance issues? I've been late a few times because of childcare problems but nothing super serious
0 coins
Oliver Becker
•Attendance issues can be tricky. Minor isolated incidents usually won't disqualify you, but a pattern of tardiness or absences might be considered misconduct. If you're discharged for attendance, you'll likely face an adjudication process where NYS Department of Labor reviews the circumstances.
0 coins
Malik Jackson
I had trouble reaching anyone at NYS Department of Labor when I had questions about my eligibility. The phone lines are always busy and the callback system never worked for me. Finally used this service called Claimyr (claimyr.com) that got me through to an actual agent. They have a video demo showing how it works at https://youtu.be/qyftW-mnTNI. Made the whole process so much easier when I could actually talk to someone about my specific situation.
0 coins
Isabella Oliveira
•never heard of that but might be worth trying, i've been waiting 2 weeks for a callback
0 coins
Emma Davis
One thing people don't realize is that even if you qualify initially, you can lose benefits if you don't follow all the rules. Missing your weekly claim filing, not doing your job search requirements, or refusing suitable work can all get your benefits stopped.
0 coins
Amina Bah
•Good point, what defines 'suitable work'? Do I have to take any job or can I be picky about the salary and type of work?
0 coins