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Natasha Volkova

Can I get NYS Department of Labor unemployment if my job is too far away from home?

My employer wants me to transfer to a location that's 90 miles from my house. It would be over 3 hours of commuting each day and I can't afford to move right now. If I refuse the transfer and they let me go, would I qualify for unemployment benefits through NYS Department of Labor? I've been at this company for 2 years and this is the first time they've asked me to relocate. The new location pays the same but the gas and wear on my car would eat up most of my paycheck. Has anyone dealt with something like this before?

Javier Torres

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Yes, you can potentially qualify for unemployment benefits if you refuse a transfer that creates an unreasonable commute. NYS Department of Labor considers a commute of more than 1.5-2 hours each way to be unreasonable hardship. You'll need to document that you couldn't reasonably accept the transfer due to distance, cost, or lack of transportation. Make sure to keep records of the transfer offer and your reasons for declining.

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Thank you! That's exactly what I was hoping to hear. Should I submit my refusal in writing to create a paper trail?

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Emma Davis

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i think 90 miles is definitely too far, my friend got UI when her job moved 50 miles away and she couldn't drive that far every day

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CosmicCaptain

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Make sure you calculate the actual cost per mile for your vehicle - it's usually around $0.65 per mile when you include gas, maintenance, and depreciation. At 180 miles round trip daily, that's over $100 per day just to get to work. Document these calculations when you file your claim. Also keep any emails or written notices about the transfer.

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Wow I hadn't thought about maintenance and wear on my car. That makes it even more expensive than I realized.

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Malik Johnson

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I was in a similar situation last year but mine was only 60 miles away. I ended up taking the transfer because I was scared I wouldn't get unemployment, but now I'm wondering if I made the wrong choice. The commute is killing me and I'm spending half my paycheck on gas.

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Javier Torres

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You might still have options - if the commute is causing genuine hardship, you could potentially quit and still qualify for benefits under 'constructive dismissal' rules.

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If you're having trouble getting through to NYS Department of Labor to ask about this situation directly, I had success using a service called Claimyr (claimyr.com) that helped me reach an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I was stuck trying to get answers about my claim status for weeks before using them.

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Thanks for the suggestion! I'll check that out if I need to talk to someone at NYS Department of Labor about this.

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Ravi Sharma

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Just be prepared that your employer might challenge your unemployment claim if you refuse the transfer. They'll probably argue that you voluntarily quit instead of being laid off. But if you have good documentation about why the commute was unreasonable, you should be able to appeal if they initially deny your claim.

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Emma Davis

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the system is so messed up, they expect people to drive across the entire state just to keep a job that barely pays enough to live on

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Freya Thomsen

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I feel you on that. It's ridiculous how employers think they can just uproot people's lives like that.

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Dylan Cooper

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I went through something very similar about 6 months ago. My company wanted me to transfer 85 miles away and I refused because of the commute costs. I filed for unemployment and was approved after providing documentation showing the unreasonable distance and financial burden. The key is to be very detailed in your application about why the transfer wasn't feasible - include calculations of travel time, gas costs, vehicle wear, and any other hardships like childcare complications from the longer hours away from home. NYS DOL was pretty reasonable about it once I explained everything clearly. Good luck!

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Mei Wong

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That's really encouraging to hear from someone who actually went through this! Did you have to appeal the decision initially or were you approved right away? I'm worried my employer might try to fight it and make the process more complicated.

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Just wanted to add that you should also document any other impacts this transfer would have on your life - like if you have kids in school, elderly parents you care for, or other family obligations that make relocating impossible. NYS DOL looks at the "total picture" of hardship, not just the commute distance. I've seen cases where people got approved even for shorter distances when they could show other legitimate reasons why the transfer created undue hardship. Also, make sure to apply for benefits immediately after you're terminated - don't wait, as there can be delays in processing and you want to start the clock ticking on your claim as soon as possible.

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This is really helpful advice! I do have two young kids in elementary school here, and my mom lives nearby and helps with childcare. Moving would mean pulling them out of their schools and losing that family support system. I hadn't thought about including those details in my application, but you're right that it all adds up to show why the transfer isn't reasonable. Thanks for the tip about applying immediately too - I was worried about timing but didn't realize it was that important to start right away.

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MidnightRider

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I work for a local nonprofit that helps people navigate unemployment claims, and I can confirm that NYS considers transfer distance and associated costs when evaluating eligibility. The 90-mile distance you mentioned definitely falls into the "unreasonable" category. When you document your case, include not just the mileage but also the time impact - 3+ hours of daily commuting can affect your ability to maintain work-life balance and may even create safety concerns from driver fatigue. Also consider mentioning if the transfer would impact any professional development opportunities or career advancement you'd lose by leaving your current role. The state recognizes that employees shouldn't have to choose between financial hardship and keeping their job when employers make unilateral changes to working conditions.

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This is such valuable insight from someone who actually works in this field! I really appreciate the point about safety concerns from driver fatigue - that's something I hadn't even considered but it's so true. After a long day at work, having to drive 1.5+ hours home could definitely be dangerous, especially in winter weather. The work-life balance aspect is huge too. I'd basically have no time with my family during the week. Thank you for confirming that 90 miles is definitely in the unreasonable category - it makes me feel more confident about refusing this transfer.

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Douglas Foster

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I'm new to this community but going through a similar situation right now. My employer just told me they want to transfer me 75 miles away and I'm panicking about what to do. Reading through all these responses is so helpful - I had no idea that NYS DOL actually considers commute distance when evaluating unemployment claims. The advice about documenting everything and calculating the true costs (including car maintenance) is really smart. Does anyone know if there's a specific form or way I should submit my refusal in writing to my employer to make sure I have proper documentation for my unemployment application?

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