How long does unemployment disqualification last with NYS Department of Labor?
Got disqualified from my unemployment benefits last month for what they're calling 'misconduct' even though I was just late a few times due to childcare issues. The NYS Department of Labor letter doesn't really explain how long this disqualification will last or if there's a way to get benefits again in the future. I'm really struggling financially and need to know if this is permanent or if I can reapply after a certain period. Has anyone dealt with a disqualification before? What are my options here?
12 comments
Join the conversation
Carmen Ruiz
Disqualifications aren't always permanent. For misconduct disqualifications in NY, you typically need to work and earn at least 10 times your weekly benefit rate in covered employment before you can be eligible again. So if your weekly benefit was $300, you'd need to earn at least $3,000 in new covered work. You should also consider appealing the disqualification decision if you think it was wrong - you have 30 days from the determination date.
0 coins
Yuki Yamamoto
•Thank you! That's actually helpful. My weekly benefit was $280 so I'd need to earn $2,800. I did start a new part-time job last week so maybe there's hope. Should I appeal even if I'm working again?
0 coins
Andre Lefebvre
definitely appeal if you think the disqualification was unfair! I got disqualified for 'quitting without good cause' but won my appeal because I had documented proof of harassment at work. the hearing was done over the phone and took about 45 minutes
0 coins
Zoe Dimitriou
•How long did the appeal process take? I've been thinking about appealing mine but worried it'll take forever.
0 coins
Andre Lefebvre
•mine took about 6 weeks from when I filed the appeal to getting the decision. but I've heard it can vary a lot depending on how backed up they are
0 coins
QuantumQuest
The whole NYS Department of Labor system is so confusing about this stuff. I've been trying to call them for weeks to get clarification on my own disqualification but can never get through. Last time I tried calling I was on hold for 3 hours before getting disconnected. If you need to actually talk to someone at NYS Department of Labor, you might want to check out claimyr.com - they help people get through to agents. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I haven't tried it yet but thinking about it since regular calling isn't working.
0 coins
Jamal Anderson
•Never heard of that before. Sounds too good to be true honestly.
0 coins
QuantumQuest
•I was skeptical too but a friend of mine used it last month and actually got through to explain her adjudication issue. Said it was way better than spending whole days trying to call.
0 coins
Mei Zhang
Being late due to childcare might actually be considered good cause depending on your specific situation. If you didn't have reasonable alternatives for childcare and your employer wasn't accommodating, that could strengthen an appeal. Make sure you have documentation about your childcare situation and any communication with your employer about the attendance issues.
0 coins
Yuki Yamamoto
•I do have some emails where I asked my supervisor about flexible start times because of daycare dropoff. She said no but didn't offer any alternatives. Would that help with an appeal?
0 coins
Mei Zhang
•Yes, that kind of documentation is exactly what you want for an appeal. Shows you tried to work with your employer to resolve the issue.
0 coins
Liam McGuire
same thing happened to me!! was disqualified for 'attendance issues' but it was because my car kept breaking down and I couldn't afford to fix it right away. so frustrating that they don't consider real life circumstances
0 coins