Who can collect unemployment benefits through NYS Department of Labor - eligibility requirements?
I'm trying to figure out who exactly qualifies for unemployment benefits in New York. My situation is complicated - I was working part-time at a retail store for about 8 months before they cut my hours down to almost nothing. Now I'm barely getting 6 hours a week and can't pay my bills. Do I qualify for unemployment even though I'm technically still employed? Also wondering about my roommate who got fired from her restaurant job last month for being late too many times - does that disqualify her? And what about my brother who just graduated college and hasn't found work yet? I'm seeing conflicting information online about who can actually collect unemployment through NYS Department of Labor.
11 comments


Tyler Lefleur
For your specific situations: You might qualify for partial unemployment since your hours were drastically reduced through no fault of your own. NYS Department of Labor allows claims when you're working reduced hours. Your roommate being fired for attendance issues would likely face a misconduct disqualification, but she can still apply and appeal if needed. Your brother unfortunately won't qualify since you need prior work history and wages to establish a claim. The basic requirements are: sufficient work history in your base period, lost employment through no fault of your own, able and available to work, and actively seeking employment.
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Camila Jordan
•Thank you! So for the partial unemployment, do I need to file weekly claims even when I'm still working those few hours? And how do they calculate the benefit amount?
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Madeline Blaze
been through this myself last year when my hours got slashed. you definitely can get partial UI if your hours were cut significantly. just make sure to report all your earnings when you file your weekly claims or they'll hit you with an overpayment later
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Max Knight
•How long did it take for your partial claim to get approved? I'm worried about the adjudication process taking forever.
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Emma Swift
Your roommate should definitely apply anyway even with the firing. Sometimes what employers report as misconduct doesn't actually meet NYS Department of Labor's standards for disqualification. The worst that happens is they deny it and she can appeal. For the job search requirements, she'll need to document her work search activities if she gets approved. I had trouble reaching NYS Department of Labor when I had questions about my claim status, but I found this service called Claimyr (claimyr.com) that actually got me through to an agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped when I was stuck in adjudication limbo.
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Camila Jordan
•That's interesting about the service - have you used it recently? I'm worried I'll need to talk to someone about my partial claim situation.
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Isabella Tucker
wait so if you get fired you can still collect unemployment?? I thought being fired automatically disqualified you. this is confusing
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Tyler Lefleur
•Not all firings disqualify you. It depends on the reason. Misconduct disqualifies you, but layoffs, position eliminations, or even some performance-related firings might not. NYS Department of Labor reviews each case individually during adjudication.
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Jayden Hill
The system is SO broken honestly. I've been fighting with NYS Department of Labor for weeks about my claim and they keep giving me different answers every time I finally get through to someone. Good luck getting anyone on the phone without waiting hours. And don't even get me started on their website crashing all the time when you're trying to file your weekly claim.
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Madeline Blaze
•Yeah the phone system is a nightmare. That's why people are using services like that Claimyr thing to get through. Worth it when you're dealing with claim issues.
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LordCommander
College graduates can sometimes qualify if they worked during school. Check your base period earnings - you might be surprised. Also student loans don't count as income if you're wondering about that.
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