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Wait so if you're disqualified you can still get benefits later if you win an appeal? I thought disqualification meant you were permanently banned from unemployment
The whole system is ridiculous. They disqualify people for the stupidest reasons and then make you jump through hoops to prove you deserve benefits you already paid into through your taxes. I got disqualified because they said I didn't look for work properly even though I submitted my job search log every week like they required.
No, there's an important legal distinction. Misconduct requires willful or intentional wrongdoing. Poor performance due to lack of skill, experience, or ability is different from deliberately violating workplace rules. NYS Department of Labor looks at whether you were acting in good faith and trying to do your job properly.
I was in a similar situation about 6 months ago - got let go for not meeting productivity metrics despite really trying my best. The whole process was nerve-wracking but I did end up getting approved for benefits. One thing that really helped was that I had kept copies of emails where I asked my supervisor for additional training and feedback on how to improve. When NYS DOL contacted my former employer, they confirmed that I wasn't being defiant or refusing to work - just struggling with the role requirements. The adjudication took about 2-3 weeks but it was worth the wait. Make sure you file immediately after termination and be completely honest about everything when you fill out the application.
Thanks for sharing your experience @Ryder Greene! This is really helpful to hear from someone who went through the same thing recently. I'm definitely going to start documenting any training requests or feedback I ask for from now on, just in case. It sounds like having that paper trail of trying to improve really made a difference in your case. Did you have to do anything special during those 2-3 weeks of adjudication or just wait it out?
I think as long as you're honest about the hours and pay when you certify each week, you should be fine. The main thing is just don't try to hide any work because they will find out eventually.
I've been in a similar situation and can confirm what others have said - you're absolutely doing the right thing by reporting your work hours and earnings! The NYS DOL actually expects people to work part-time while collecting benefits, it's totally normal. From my experience, they typically reduce your weekly benefit by about 25% of what you earn (up to your benefit amount), so you'll still get some unemployment money as long as you're not earning too much. The most important thing is to be accurate with your reporting - write down your hours and gross pay each week so you have records. I keep a little notebook with all my work details just in case. Don't stress too much about it, the system is designed to handle part-time work!
This is really helpful, thank you! I like the idea of keeping a notebook with all the work details. I've been kind of sloppy about tracking everything and just going off memory when I certify each week. Do you think it matters if I'm off by like an hour here or there, or should I be super precise about the exact hours?
This is exactly why I always recommend people try to do at least some part-time work during their unemployment claim if possible! Even if it's just a few hours a week, it can really save you in situations like this. I learned this the hard way during my first unemployment claim - I thought any work would mess up my benefits, but actually working part-time while collecting can set you up for a second claim if you need it. For anyone reading this who's still early in their claim period, consider picking up some gig work or part-time hours if you can find them. It might seem counterintuitive, but it gives you options later on.
That's really smart advice! I wish I had known this earlier in my claim. I was so worried about reporting any work income that I turned down a few small gig opportunities. Now I'm kicking myself because I could have built up some earnings history for exactly this kind of situation. For anyone else reading this - definitely don't be afraid of part-time work while collecting, just make sure you report it properly. The system is designed to let you work and still collect partial benefits, and like Miguel said, it can really be a lifesaver if you exhaust your regular benefits before finding full-time work.
This is such valuable information for everyone in this community! I'm a newcomer here but have been dealing with unemployment issues in NY for months. Reading through this thread really opened my eyes to options I didn't know existed. I had no idea you could potentially file a new claim based on part-time work earnings during your benefit year - that's not explained clearly anywhere on the NYSDOL website. For others who might be in similar situations, it sounds like the key takeaways are: 1) Check your benefit year end date first, 2) If you worked part-time during your claim and earned enough across multiple quarters, you might qualify for a special override, and 3) You'll likely need to speak to an actual agent since the online system can't handle these cases. Thanks to everyone who shared their experiences - this kind of real-world knowledge is exactly what we need more of in these government services communities!
@KylieRose You're absolutely right about the NYSDOL website being unclear on these options! I'm new here too and this thread has been incredibly helpful. It's frustrating that such important information isn't readily available through official channels - people shouldn't have to dig through community forums to learn about potential lifelines when their benefits run out. The fact that the online system actively blocks you from reapplying even when you might qualify for special circumstances is particularly problematic. Really grateful for communities like this where people share their actual experiences navigating these bureaucratic mazes!
Emily Nguyen-Smith
I appreciate everyone's explanations but this whole conversation is kind of wild. We've designed an economic system that requires people to be unemployed and struggling, and then we make the process of getting help as difficult as possible through agencies like NYS Department of Labor. Something feels fundamentally broken about that.
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Eve Freeman
•I hear you on that frustration - it does feel broken when you're in the middle of it. The gap between economic theory and lived experience is huge. Maybe the real issue isn't that we need unemployment, but that we need better systems to support people during those transitions? Like faster claim processing, better job training programs, or even universal basic income experiments. The current NYS Department of Labor system definitely makes a difficult situation worse with all the bureaucratic hurdles.
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Oliver Becker
Coming from someone who's been through the NYS Department of Labor system twice in the past three years, I think there's also a practical angle here that doesn't get discussed enough. The economists' "natural rate" theory assumes that unemployment systems actually work efficiently to help people transition between jobs. But when you're stuck waiting 8 weeks for a determination, or spending entire days trying to reach someone by phone, that "frictional unemployment" becomes a lot more friction than it should be. Maybe the real problem isn't that we need 3-5% unemployment, but that we need unemployment systems that actually facilitate quick, smooth transitions instead of creating additional barriers. The theory works better when the safety net actually functions.
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Molly Hansen
•This is such a good point about the gap between theory and reality. I'm new to this whole unemployment process (just filed my first claim last week) and I'm already seeing what you mean about the system creating unnecessary friction. The online portal keeps glitching, the phone lines are impossible, and I still don't fully understand half the requirements they're asking for. If the economic theory is that some unemployment helps people find better job matches, shouldn't the system be designed to actually help with that matching process instead of making everything ten times harder? It feels like we're getting the worst of both worlds - unemployment is supposedly "necessary" for the economy but then we make it as painful as possible for the people experiencing it.
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