Who qualifies for unemployment in NYC - confused about NYS Department of Labor eligibility requirements
I just got laid off from my restaurant job in Manhattan and I'm trying to figure out if I qualify for unemployment benefits through NYS Department of Labor. I've been working there for about 8 months but only part-time, maybe 25-30 hours a week. Before that I was doing some freelance delivery work for about 6 months. I'm really confused about all the eligibility requirements - do I need to have worked full time? Does freelance work count toward the work history they need? I tried looking at the my.ny.gov website but it's so confusing with all the different requirements. Can someone explain who actually qualifies for unemployment in NYC and what the minimum work requirements are?
14 comments
Join the conversation
Jade O'Malley
You don't need to work full-time to qualify for NYS Department of Labor unemployment benefits. The key requirements are: 1) You must have worked and earned wages in at least 2 quarters during your base period (usually the first 4 of the last 5 completed calendar quarters), 2) You must have earned at least $2,600 in your highest earning quarter, and 3) Your total base period wages must be at least 1.5 times your highest quarter earnings. Your part-time restaurant work should count, but freelance/1099 work typically doesn't count toward regular UI eligibility unless you were misclassified.
0 coins
Caleb Stark
•Thank you! So if I made around $8,000 total from the restaurant job over those 8 months, that should be enough? And the freelance work won't hurt my claim even though it doesn't count?
0 coins
Hunter Edmunds
Also make sure you're available and actively looking for work - that's a big requirement people forget about. You have to file weekly claims and do job searches. The number of job contacts required depends on your local area but it's usually 3 per week minimum. Keep detailed records of every application because NYS Department of Labor can audit your job search log.
0 coins
Ella Lewis
•Wait how many job searches do you need in NYC specifically? I thought it was just 3 but someone told me it might be more in the city
0 coins
Hunter Edmunds
•It's 3 job contacts per week statewide, doesn't matter if you're in NYC or upstate. Just make sure you're documenting everything properly.
0 coins
Andrew Pinnock
ugh the NYS Department of Labor system is SO confusing!! I've been trying to figure this out for weeks and every time I call they just hang up on me or put me on hold forever. The website makes no sense either - why can't they just give a straight answer about who qualifies?? This is ridiculous
0 coins
Brianna Schmidt
•I had the same problem trying to reach someone at NYS Department of Labor about my claim status. Found this service called Claimyr (claimyr.com) that actually gets you through to an agent. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Saved me hours of calling and getting nowhere. Worth checking out if you need to talk to someone about eligibility questions.
0 coins
Alexis Renard
One thing to watch out for - if you quit your job you usually won't qualify, but if you were laid off you should be fine. Also if you're fired for misconduct that can disqualify you. Since you said you were laid off from the restaurant that sounds like you should qualify as long as you meet the wage requirements.
0 coins
Caleb Stark
•Yeah it was definitely a layoff, they had to cut staff because business was slow. Good to know that should help my case.
0 coins
Camila Jordan
same boat as you! got laid off from my retail job in Brooklyn last month and was worried about the part time thing but my claim got approved. just make sure you apply as soon as possible because there's a waiting week and you want to get the process started
0 coins
Emma Thompson
Just wanted to add that you can also check your earnings history online through the my.ny.gov portal to see if you meet the wage requirements before applying. It shows your quarterly wages from employers who reported them properly. This can help you calculate if you hit that $2,600 minimum in your highest quarter and the 1.5x total requirement. Also, even though your freelance work doesn't count for regular UI, if you paid into the system as self-employed you might be eligible for PUA (Pandemic Unemployment Assistance) programs if they're still available, but regular UI is probably your best bet.
0 coins
Noah huntAce420
•That's really helpful about checking the earnings history online first! I didn't know you could see your quarterly wages that way. Will definitely check that before I submit my application to make sure I meet the requirements. Thanks for the tip about PUA too, though I think regular UI is probably the way to go like you said.
0 coins
Mia Roberts
One more thing to keep in mind - when you file your claim, make sure you report your last day of work accurately and any final pay you received (like vacation payout or severance). The NYS Department of Labor will use this to determine your claim start date. Also, if you do any part-time work while collecting unemployment, you need to report those earnings on your weekly certification - they'll reduce your benefit amount but you can still collect partial benefits as long as you earn less than your weekly benefit rate. The system is designed to encourage people to take part-time work while job searching.
0 coins
Jade Lopez
•This is super helpful info about reporting earnings and the partial benefits! I had no idea you could still collect some unemployment if you find part-time work while job searching. That actually takes some pressure off - I was worried that taking any small gigs would mess up my claim entirely. Good to know the system is set up to encourage working rather than penalize it.
0 coins