When can you go on unemployment - NYS Department of Labor eligibility requirements?
I've been working at a restaurant for about 8 months and things have been really slow lately. My manager keeps cutting everyone's hours and I'm wondering when you can actually apply for unemployment benefits through NYS Department of Labor. Do you have to be completely laid off or can you file if your hours get reduced? I'm only getting like 15 hours a week now when I used to work 35-40. Also heard something about having to work a certain amount of time before you're eligible but not sure what the rules are in New York.
9 comments


Emma Wilson
You can definitely file for partial unemployment if your hours got reduced! NYS Department of Labor allows claims when you're working less than full-time through no fault of your own. You need to have worked at least 20 weeks in your base period OR earned at least $2,600 in wages during your base period. Since you've been working 8 months, you should meet the work requirements. Just make sure to report your weekly earnings when you file your weekly claim.
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Javier Torres
•Thanks! So I can file even though I'm still working some hours? That's really helpful to know.
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QuantumLeap
yeah i did this when my retail job cut my hours last year. you just gotta be careful to report exactly what you earn each week or they'll flag your account for overpayment issues
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Malik Johnson
The base period calculation can be confusing but it's usually the first 4 of the last 5 completed calendar quarters before you file. So if you file in January 2025, your base period would likely be January 2024 through December 2024. You can check your wage history on the my.ny.gov portal before filing to make sure you have enough wages reported. Also remember you'll need to do job searches even for partial unemployment - it's 3 work search activities per week currently.
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Isabella Santos
•Wait, you have to do job searches even if you're still working at your current job? That seems weird.
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Malik Johnson
•Yes, the job search requirement applies to all UI claimants unless you're on standby status. You can search for additional part-time work or better full-time positions.
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Ravi Sharma
I've been trying to get through to NYS Department of Labor for weeks about my partial claim and their phone lines are always busy. It's so frustrating when you need help understanding the system and can't reach anyone!
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Freya Larsen
•I had the same problem until someone told me about Claimyr. It's a service that helps you get through to NYS Department of Labor agents by calling for you. I used it last month when my claim got stuck in adjudication and actually got connected to someone within a few hours. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Way better than spending all day hitting redial!
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Omar Hassan
just a heads up - make sure your employer didn't lay you off for misconduct or anything like that because then you won't be eligible at all. but if it's just slow business and hour cuts you should be fine
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