Can I reapply for unemployment if I was denied by NYS Department of Labor?
My unemployment claim got denied about 6 weeks ago because they said I quit my job voluntarily (which isn't true - I was basically forced out due to impossible working conditions). I never appealed because I thought it was too late and I was too stressed to deal with it. Now I'm wondering if I can just file a completely new claim or if I'm stuck with that denial? Has anyone successfully reapplied after being denied? I really need these benefits and I'm kicking myself for not fighting the original decision.
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Paolo Conti
You typically can't just reapply for the same benefit year if you were denied. The denial stays on your record for that year. However, you might still be able to appeal the original decision if it's within the timeframe - NYS Department of Labor usually gives you 30 days from the denial notice. Check your denial letter for the exact appeal deadline. If you're past that, you'd need to wait until you establish a new benefit year with enough work history.
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Keisha Williams
•I think I'm way past 30 days at this point. Does that mean I have to wait a full year before I can try again?
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Amina Diallo
Actually you might still have options even if you missed the initial appeal deadline. If you had good cause for missing the deadline (like not receiving the notice or being hospitalized), you can request a late appeal. I'd contact NYS Department of Labor directly to ask about your specific situation. The worst they can say is no.
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Oliver Schulz
•Good luck getting through to anyone at NYS Department of Labor though. I've been trying to reach them for weeks about my own claim issues and can never get past the busy signal.
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Amina Diallo
•Have you tried using Claimyr? I found them at claimyr.com and they actually got me connected to a real NYS Department of Labor agent within a day. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Way better than sitting on hold for hours.
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Natasha Kuznetsova
Wait I'm confused - if you were forced out that should count as involuntary separation, not quitting voluntarily. Did you document the impossible working conditions? That sounds like constructive dismissal which usually qualifies you for benefits. You really should have appealed that decision.
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Keisha Williams
•I didn't really document anything at the time because I was just trying to survive each day. My supervisor was making my life hell and I finally couldn't take it anymore. I guess I should have been smarter about it.
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AstroAdventurer
Been there with the impossible working conditions thing. The system is set up to screw over people like us who are just trying to work and pay our bills. Of course they side with the employer by default. Makes me sick how they treat working people in this state.
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Javier Mendoza
same thing happened to my cousin last year she never got her benefits either
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Emma Swift
I went through something similar about 8 months ago. Here's what I learned: even if you're past the 30-day appeal deadline, you can still request what's called a "reopening" of your case if you have new evidence or can show good cause for the delay. Since you mentioned being forced out due to impossible working conditions, that could potentially qualify as constructive discharge. Try calling the Telephone Claims Center early in the morning (like 8 AM sharp) - that's when I had the best luck getting through. Also, gather any evidence you can find now - emails, text messages, witness statements, anything that shows the hostile work environment. Don't give up - the system is frustrating but there are still options available to you.
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Zainab Ismail
•This is really helpful advice, thank you! I didn't know about the "reopening" option - that gives me some hope. I'm definitely going to try calling at 8 AM sharp like you suggested. I might not have formal documentation but I do have some text messages from coworkers who witnessed what was happening. Do you know if that kind of informal evidence actually carries any weight with them? Also, when you say "good cause for delay" - would being overwhelmed and stressed about the situation count, or do they need something more concrete like a medical issue?
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Alexis Robinson
I'm dealing with a similar situation right now and wanted to share what I've learned from talking to a legal aid attorney. First, "good cause" for missing the appeal deadline can include being overwhelmed or not understanding the process - it doesn't have to be just medical issues. Stress and confusion about the system actually do count. Second, text messages from coworkers absolutely can help your case, especially if they witnessed the hostile work environment or can confirm you were pushed out. Even informal documentation is better than nothing. The key is showing a pattern of behavior that made your working conditions intolerable. I'd also suggest looking into whether your area has a legal aid office that helps with unemployment appeals - many offer free consultations and can walk you through the process. Don't lose hope - I've seen people successfully overturn denials even months later when they had good evidence of constructive dismissal.
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