Can I be denied unemployment benefits by NYS Department of Labor?
I'm thinking about filing for unemployment but I'm worried I might get denied. I was let go from my job last month for what my manager called 'performance issues' but I think it was really because I complained about unsafe working conditions. Can the NYS Department of Labor deny my claim? What are the main reasons they reject people? I've never filed before and don't want to waste time if I have no chance.
10 comments
Join the conversation
Kaitlyn Jenkins
Yes, NYS Department of Labor can deny claims for several reasons. The main ones are: being fired for misconduct, quitting without good cause, not being able and available for work, or not meeting the wage/work history requirements. Being fired for 'performance issues' usually doesn't disqualify you unless it involved willful misconduct like theft, violence, or deliberate rule violations.
0 coins
Sydney Torres
•That's helpful, thanks. So just being a bad employee isn't enough to deny benefits? What counts as misconduct exactly?
0 coins
Caleb Bell
You should definitely apply! Performance issues alone rarely lead to disqualification. NYS Department of Labor looks for deliberate misconduct - things like stealing, fighting, or repeatedly ignoring direct orders. If you were fired for complaining about safety issues, that could actually work in your favor. The worst they can do is say no, but you have a good chance of approval.
0 coins
Danielle Campbell
•I got denied initially for 'misconduct' but won my appeal hearing. Sometimes employers exaggerate the reasons to avoid paying higher unemployment taxes.
0 coins
Rhett Bowman
ugh the whole system is so confusing!! i got denied once because they said i didn't work enough hours but then i appealed and got approved??? make no sense. just apply and see what happens, you never know
0 coins
Kaitlyn Jenkins
•The work history requirements can be tricky. You need to have worked in at least 2 quarters during your base period and earned a minimum amount. NYS Department of Labor will calculate this automatically when you file.
0 coins
Abigail Patel
I had trouble reaching NYS Department of Labor when my claim was under review. Kept getting busy signals and long hold times. Found this service called Claimyr (claimyr.com) that actually got me through to an agent in like 10 minutes. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Really helped me get answers about my denial and how to appeal it properly.
0 coins
Daniel White
•Never heard of that before. Did they charge you anything or ask for personal info?
0 coins
Abigail Patel
•No personal info needed, just helps you get through the phone system faster. Worth it when you can't reach anyone the normal way.
0 coins
Nolan Carter
Just apply already! You're overthinking this. The NYS Department of Labor will tell you yes or no and you can appeal if needed. I got approved even though my old boss was being a total jerk about why I was fired.
0 coins