Who can apply unemployment benefits - NYS Department of Labor eligibility requirements explained
I'm trying to help my brother figure out if he's eligible to apply for unemployment benefits through NYS Department of Labor. He worked part-time at a restaurant for about 8 months before they laid him off last week due to slow business. He's worried he might not qualify because it wasn't full-time work and he's only been in New York for about a year. Can anyone explain who can actually apply for unemployment benefits? I know there are different requirements but I'm getting confused reading all the official stuff on the my.ny.gov website.
10 comments


Joshua Hellan
Your brother should definitely apply! NYS Department of Labor eligibility isn't based on full-time vs part-time status. The main requirements are: you need to have worked and earned wages in NY state, you must be unemployed through no fault of your own (layoffs qualify), you have to be able and available to work, and actively seeking employment. Since he was laid off from the restaurant, that meets the 'no fault of your own' requirement. The wage requirement is based on your base period - usually the first 4 of the last 5 completed calendar quarters.
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Jibriel Kohn
•Wait so part-time workers can get UI benefits too? I always thought you had to work full-time to qualify for anything from NYS Department of Labor.
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Edison Estevez
been there done that with the confusing eligibility stuff. basically if you worked in NY and paid into the system you probably qualify. doesnt matter if it was part time or full time work. i got benefits after working part time at two different jobs for like 6 months total
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Joshua Hellan
To clarify the specific eligibility criteria for NYS Department of Labor unemployment benefits: 1) You must have worked in NY state during your base period and earned sufficient wages (currently at least $2,400 in one quarter or $3,000 total across all quarters in your base period). 2) You must be totally or partially unemployed through no fault of your own. 3) You must be physically able to work and available for work. 4) You must be actively seeking employment and document your job search activities. 5) You cannot be receiving other incompatible benefits. The fact that your brother only lived in NY for a year shouldn't matter as long as he earned the required wages during his base period.
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Olivia Kay
•This is super helpful! So he just needs to check if his wages from the restaurant job meet those dollar amounts. The $2,400 in one quarter seems doable if he was working regularly.
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Emily Nguyen-Smith
I was in a similar situation last year trying to figure out if I qualified after being let go from a retail job. The hardest part was actually getting through to someone at NYS Department of Labor to ask questions about my specific situation. The phone lines are always busy and the online chat rarely works. I ended up using this service called Claimyr (claimyr.com) that helped me get connected to an actual NYS Department of Labor agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made the whole process so much easier than spending hours on hold.
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James Johnson
•never heard of that but honestly anything is better than trying to call the regular number. i gave up after getting disconnected 3 times
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Sophia Rodriguez
Just tell him to apply honestly. The worst they can say is no and then you know for sure. NYS Department of Labor will review his work history and wages automatically when he files the claim. If he doesn't qualify they'll send him a determination letter explaining why. But from what you described it sounds like he should be fine. Restaurant workers get laid off all the time and most of them qualify for benefits.
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Jibriel Kohn
One thing to mention - make sure he applies as soon as possible! You can't get retroactive benefits for weeks before you file your claim. So even if he's not 100% sure about eligibility, it's better to apply now and find out rather than wait and potentially lose out on weeks of benefits.
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Olivia Kay
•Good point! I'll tell him to file the application this week. Better safe than sorry with the timing.
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