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Javier Hernandez

NY unemployment wants me to accept job paying way below my previous salary - can I refuse?

So I've been on NY unemployment for about 6 weeks now, and my counselor at DOL just contacted me about a job opportunity they found. The problem? It pays literally HALF of what I was making at my previous position ($42,000 vs my previous $84,000). I have over 10 years experience in my field and a specialized certification. Can they really force me to take such a massive pay cut? Will my benefits get cut off if I refuse this job offer? Anyone dealt with this before?

they CANT make u take any job but after 13 weeks u have to start looking at jobs that pay less than what u were making before. i think the rule is like 80% of previous salary for first 13 weeks then after that u gotta consider jobs paying less

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Thanks, I didn't know about the 13 week rule. So I should be able to decline this without losing benefits since I'm only at week 6?

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According to NY unemployment rules, during the first 13 weeks of your claim, you can limit your job search to positions that pay at least 80% of your previous wages. After 13 weeks, you're expected to consider positions that pay at least 70% of your previous wages. Since you're only at 6 weeks and the offered position pays only 50% of your previous salary, you should be able to decline without it affecting your benefits. However, make sure to document everything - the offer, your reason for declining (salary significantly below threshold), and continue your regular job search activities.

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This is incredibly helpful, thank you! I'll document everything carefully and keep up with my job search requirements.

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Is this actually a real rule?? My friend got his benefits cut off for turning down a job offer last month and he was only like 9 weeks in!!!

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They can't force you to take a job that pays substantially less than your previous employment during the first 13 weeks. Document everything! When the DOL counselor contacts you about this job, politely explain that you're declining due to the substantial pay difference (cite the 80% rule). Also make sure you're keeping detailed records of all your job search activities - at least 3 job contacts per week. The DOL might scrutinize your claim more closely after you decline their suggestion.

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When I declined a job suggestion, they made me come in for an in-person interview about my job search efforts. SUCH a headache - waited for 2 hours and the system was down so I had to come back another day! Took me 7 calls to even get through to someone to reschedule. Finally used Claimyr.com to reach an agent quickly. They have this video showing how it works: https://youtu.be/Rdqa1gKtxuE - saved me from having to redial all day.

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I got SCREWED with this exact situation in 2025!!! They found me a job making $15/hr when I use to make $30/hr and I thought I could say no but they cut my benefits anyway!!!! Appealed and everything but still DENIED. Something about I didn't "properly document" my reason for refusal. The whole system is RIGGED against us!!!

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That shouldn't have happened if you were within the first 13 weeks. Did you formally document your reason for declining and continue making your required job contacts every week? Sometimes the determination notices have errors - you might have grounds for another appeal if this was clearly within your first 13 weeks.

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I told the counselor over the phone but didn't put anything in writing, maybe that was my mistake. Too late now, already took a crappy job just to pay rent. System is broken!!

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When they sent me to a job interview that paid way less, I just went to the interview but did terrible on purpose lol. That way you're still "looking for work" but the employer won't want to hire you. Then your unemployment stays safe. Just my 2 cents.

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I would strongly advise against this strategy. If the DOL discovers you intentionally performed poorly in interviews, it could be considered fraud and result in disqualification from benefits, potential overpayment determinations, and possibly even penalties. It's much better to formally decline with a valid reason related to the suitable work provisions.

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oh wow didnt know that. thx for the heads up

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Another important point: make sure you understand the difference between a formal job REFERRAL and just a job SUGGESTION. If your counselor is formally referring you to a position (usually involves paperwork), then different rules apply compared to if they're just suggesting you look into something. If it's a formal referral, you need to respond according to DOL guidelines. If it's just a suggestion, thank them for the information but explain it's not suitable given the substantial pay difference from your previous employment.

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This is a good point - she sent me an email with the job listing and asked me to "consider applying" so I think it's just a suggestion and not a formal referral. I'll double check when I talk to her next.

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not totally related but make sure ur actually meeting all requirements for job searching every week!! they're getting super strict in 2025. my cousin got audited and had to pay back 3 weeks of benefits cuz he couldn't prove he applied to enough jobs

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Thanks for the warning. I've been keeping detailed records of everything - screenshots of applications, confirmation emails, follow-up correspondence, etc. Better safe than sorry!

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One additional recommendation: since you mentioned having specialized certification and 10+ years of experience, you might want to update your work search plan with DOL. You can request to have your work search plan modified to specifically target positions that utilize your specialized skills and experience, which would generally be at a higher pay scale. You can submit this request through your online account or discuss it with your counselor. Having this formal documentation will strengthen your position if you need to decline jobs that substantially underutilize your qualifications.

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I didn't even know I could do this! I'll definitely update my work search plan. Do I need to use a specific form or just message my counselor through the online system?

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just go to the interview and tell them ur salary requirements up front, most companies will just move on if ur out of their budget and DOL will see u went to the interview so win-win

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This approach can work in some situations, but be careful - if the employer reports back that you were qualified and they would have hired you at the offered wage, it could potentially impact your benefits. It's generally better to formally decline a clearly unsuitable position with proper documentation.

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I went through something similar last year! The key is understanding that during your first 13 weeks, you can absolutely decline jobs that pay significantly less than your previous salary. Since you're only at 6 weeks and this job pays 50% of your previous wage, you're well within your rights to refuse. Here's what I recommend: 1) Send a written response (email is fine) to your counselor explaining you're declining due to the substantial pay difference being below the 80% threshold, 2) Keep detailed records of this communication, 3) Continue your regular job search activities and document everything. Don't let them pressure you into thinking you have to take any job they suggest. You have protections in place for exactly this situation. Stay strong and keep looking for something that matches your experience and qualifications!

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