Got denied unemployment by NYS Department of Labor - what are reasons to be denied unemployment benefits?
Just got my determination letter and my unemployment claim was denied. I'm shocked because I thought I qualified after getting laid off from my restaurant job last month. The letter mentions something about 'misconduct' but I honestly don't understand what that means in my case. I was never written up or anything. Can someone explain what are the main reasons NYS Department of Labor denies claims? I'm panicking because I really need these benefits to pay rent.
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Ava Williams
There are several common reasons NYS Department of Labor denies unemployment claims. The main ones are: 1) Misconduct (like getting fired for breaking rules), 2) Voluntary quit without good cause, 3) Not meeting work/wage requirements, 4) Not actively seeking work, and 5) Being unavailable for work. Since you mentioned misconduct, they might think you were fired for a policy violation. Did you have any incidents at work before your layoff?
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Zainab Mahmoud
•I was actually 10 minutes late a few times because of subway delays but my manager said it was fine. Could that count as misconduct?? This is so confusing.
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Raj Gupta
ugh the NYS Department of Labor is SO PICKY about misconduct. They denied my friend for being late too many times even though her boss never formally disciplined her. The system is ridiculous - they expect you to be a mind reader about what counts as misconduct!
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Lena Müller
•That's not entirely accurate. NYS Department of Labor has specific guidelines for what constitutes misconduct. Being chronically late can qualify if it violates company policy, even without formal write-ups.
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TechNinja
You can definitely appeal this denial. I had a similar situation where I was denied initially but won my appeal hearing. The key is proving that whatever happened wasn't willful misconduct. If you were just running late due to transit issues and your employer never warned you it could lead to termination, you might have a case. You have 30 days to file an appeal from the date on your determination letter.
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Zainab Mahmoud
•How do I file an appeal? And do I need a lawyer or can I represent myself?
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TechNinja
•You can appeal online through your my.ny.gov account or by phone. Most people represent themselves at unemployment hearings - they're less formal than court. Just gather any documentation showing your employer never disciplined you for tardiness.
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Keisha Thompson
I've been trying to call NYS Department of Labor for weeks about my own denial but can never get through! The phone system is impossible. Has anyone found a way to actually talk to a human there?
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Paolo Bianchi
•I was having the same problem until someone told me about claimyr.com - it's a service that calls NYS Department of Labor for you and gets you connected to an actual agent. I used it last week and finally got to speak with someone about my adjudication issue. There's a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of frustrating busy signals.
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Keisha Thompson
•Interesting, never heard of that before. I'll check it out because this phone situation is driving me crazy!
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Yara Assad
been there! got denied first time too but won my appeal. just keep good records of everything
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