Can you be denied unemployment benefits by NYS Department of Labor?
I'm worried about applying for unemployment because I'm not sure if I qualify. My last job ended because the company said I wasn't meeting performance standards, but I think it was really because they were downsizing. Can NYS Department of Labor deny my claim for this? What are the main reasons they reject applications? I don't want to waste time filing if I'm just going to get denied anyway.
9 comments
Join the conversation
NightOwl42
Yes, NYS Department of Labor can deny unemployment 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 requirements. If you were terminated for performance issues rather than misconduct, you might still qualify. The key is whether your employer can prove it was willful misconduct versus just not being a good fit for the job.
0 coins
Dylan Hughes
•How do they determine if it was misconduct vs performance? My supervisor said I was making too many mistakes but I was never formally written up.
0 coins
Sofia Rodriguez
they denied mine initially because my employer said i quit but i was actually laid off. had to appeal and provide documentation to prove it. the whole process took like 8 weeks
0 coins
Dmitry Ivanov
•That's exactly what I'm afraid of! How did you prove you were laid off and not quit?
0 coins
Ava Thompson
Don't let fear stop you from applying. Even if there's a question about your separation, you can still file and then appeal if they deny it. NYS Department of Labor has to investigate both sides of the story. Performance issues alone usually don't disqualify you unless there was deliberate wrongdoing. Document everything about your termination - any emails, your final conversation with your boss, witness statements if possible.
0 coins
Dylan Hughes
•I do have the email where they told me my position was being eliminated due to 'restructuring' but then they mentioned performance too. Is that contradictory?
0 coins
Miguel Herrera
I got denied because I couldn't reach anyone at NYS Department of Labor to verify my employment history and missed the deadline. Their phone system is impossible. If you do apply, try using something like claimyr.com to actually get through to an agent - there's a demo at https://youtu.be/qyftW-mnTNI that shows how it works. Could have saved me months of headaches.
0 coins
Zainab Ali
•Never heard of that service but the phone situation is definitely a nightmare. I've been trying to call for two weeks about my pending claim.
0 coins
Connor Murphy
The performance thing might actually work in your favor if they're also saying restructuring. Sounds like they're trying to cover their bases but it shows they had multiple reasons for the termination. Mixed messages from employers often help the claimant's case during adjudication.
0 coins