Can unemployment be denied by NYS Department of Labor - just got disqualified
I applied for unemployment benefits three weeks ago after being laid off from my warehouse job and just received a determination letter saying my claim was denied. The letter mentions something about 'misconduct' but I was told it was a layoff due to reduced business. I'm really confused because I thought unemployment was automatic if you lose your job through no fault of your own. Can the NYS Department of Labor really just deny your claim like this? I have bills to pay and was counting on these benefits. What are my options now?
12 comments


Nia Thompson
Yes, unemployment can definitely be denied by NYS Department of Labor for several reasons. The most common are: voluntary quit without good cause, misconduct, insufficient work history, or not meeting monetary requirements. Since they mentioned misconduct, your former employer likely contested your claim and provided information suggesting you were fired for cause rather than laid off. You have the right to appeal this decision within 30 days of the determination date.
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Luca Esposito
•But I wasn't fired for misconduct! This is so frustrating. How do I prove that to them in an appeal?
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Mateo Rodriguez
Same thing happened to me last year. My employer said I was fired for attendance issues but I had medical documentation for my absences. The initial denial was overturned after I submitted my evidence during the appeal hearing. Gather any documentation you have about the layoff - emails, termination letter, anything that shows it wasn't misconduct.
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Luca Esposito
•I do have an email from my supervisor mentioning the layoffs were due to budget cuts. Should I include that in my appeal?
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Mateo Rodriguez
•Absolutely! That email could be key evidence. Also get witness statements from coworkers if possible.
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GalaxyGuardian
this system is such BS... they deny people left and right and make you jump through hoops to get benefits you earned. ive seen good people get denied for the stupidest reasons while others who probably shouldnt get benefits sail right through
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Aisha Abdullah
•I hear you on the frustration but there are legitimate reasons for denials. The system has to prevent fraud.
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Ethan Wilson
If you're having trouble reaching NYS Department of Labor to discuss your case, I had success using a service called Claimyr at claimyr.com. They help you get through to an actual agent instead of sitting on hold forever. There's a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped me resolve my adjudication issue when I couldn't get anyone on the phone.
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Luca Esposito
•Thanks for the suggestion! I'll check that out if I can't get through the regular way.
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Yuki Tanaka
Wait so they can just deny you even if you were laid off?? I thought unemployment was guaranteed if you lost your job. This is making me nervous about my own situation - I was let go last month and still waiting to hear back on my claim.
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Nia Thompson
•No, unemployment benefits aren't guaranteed. You have to meet eligibility requirements and employers can contest claims. But if you were legitimately laid off through no fault of your own, you should be approved.
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Carmen Diaz
File that appeal ASAP! The 30-day deadline is firm and if you miss it you're basically out of luck. I learned this the hard way when I procrastinated on mine.
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