Unemployment eligibiltiy

If you left a full time job and started a part time job can you collect NY State
unemployment if you are laid off from the part time job?

Asked on October 5, 2017 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can collect unemployment if laid off or terminated from the part-time job other than "for cause"--that is, so long as you did not lose the job for some sort of significant wrongdoing (e.g. insubordination, violating company policy, excessive absenteeism, falsying time records, etc.), since being terminated "for cause" makes you ineligible for unemployment. The key issue is not whether you voluntarily left the job *before* this one--it's whether you voluntarily left (or were fired "for cause") from the current job. So long as you did not voluntarily separate from the current job and were not terminated for cause, you are eligible for unemployment. Of course, having worked in a part-time (presumably reduced compensation--i.e. earning less part-time than full) job, you will likely qualify for and get less unemployment than if you had stayed in the full time job. Your state's unemployment agency will have information and resources on its website to let you calculate what you would be eligible for.


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