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

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

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.

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.

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!!!

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.

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.

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

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.

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

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!

Just want to add that it's also worth checking if your industry has any specific protections or union guidelines that might apply. Some fields have additional safeguards against being forced to take substantially lower-paying positions. Also, if you're in a specialized field with certifications, you might want to mention that to your counselor when you decline - they should understand that your skills warrant positions closer to your previous salary range. The documentation everyone mentioned is crucial - I learned that the hard way when I had to appeal a decision a few years back. Good luck!

I've been through this exact situation! You're absolutely right to question this - at 6 weeks, you can definitely decline jobs paying only 50% of your previous salary. The 80% rule during your first 13 weeks is there to protect you from exactly this scenario. One thing I'd add is to be polite but firm when you respond to your counselor. Something like "Thank you for thinking of me for this opportunity. However, given that this position pays significantly below the 80% threshold of my previous wages and doesn't utilize my specialized certification and 10+ years of experience, I will need to decline and continue my search for positions more aligned with my qualifications." Also, since you mentioned having specialized certification - definitely emphasize that in your communications. The DOL should understand that your skills and experience warrant positions closer to your previous salary range, especially this early in your claim period. Keep up with your regular job search activities and document everything. You've got this!

I went through something very similar earlier this year! You're absolutely within your rights to decline that job offer. At only 6 weeks into your claim, the 80% rule definitely applies - they can't expect you to take a position paying just 50% of your previous salary. Here's what worked for me: I sent a brief, professional email to my counselor stating something like "Thank you for the job referral. However, I must decline as the offered salary of $42,000 represents only 50% of my previous wages, which falls well below the 80% threshold during my first 13 weeks of benefits. I will continue my active job search for positions more aligned with my qualifications and experience level." Keep copies of everything and continue documenting your job search activities. Don't let them intimidate you - these protections exist for exactly this reason. You've got specialized skills and certifications that are worth proper compensation!

I'm dealing with a similar situation right now actually! I'm at week 8 and they keep sending me job leads that are way below what I was making. One thing that's helped me is being very specific about WHY I'm declining when I respond to my counselor. Don't just say "the pay is too low" - be concrete about it. Say something like "This position at $42,000 represents only 50% of my previous salary of $84,000, which falls significantly below the 80% threshold applicable during the first 13 weeks of my claim period." Also, since you have 10+ years experience and specialized certification, make sure that's in your work search plan! I updated mine to specifically mention my certifications and it seemed to help them understand why certain positions weren't suitable matches for my background. The documentation everyone's mentioning is SO important. I keep a spreadsheet with dates, who I talked to, what was discussed, and copies of all emails. Sounds like overkill but it's saved me twice already when questions came up about my job search activities. You're definitely in the right to decline this - just make sure you do it professionally and keep those records!

I'm so glad I found this thread! I'm in a very similar situation - been on unemployment for about 5 weeks now and just got contacted about a job that pays $28/hour when I was making $52/hour at my previous position. Reading everyone's responses has been incredibly helpful and reassuring. The detailed advice about being specific with percentages and keeping thorough documentation is exactly what I needed to hear. I was worried they could just cut my benefits for saying no, but it sounds like as long as you're professional about it and cite the 80% rule during the first 13 weeks, you should be protected. I'm definitely going to update my work search plan to emphasize my industry certifications and experience level like some of you suggested. It makes sense that they should be matching people with positions that actually utilize their qualifications, especially this early in the claim period. Thanks to everyone who shared their experiences - it's made me feel so much more confident about handling this situation properly!

I'm going through something very similar right now! Just hit week 7 and they suggested a position paying $35K when I was making $70K before. Reading through all these responses has been incredibly eye-opening - I had no idea about the 80% rule during the first 13 weeks. What really stands out to me from everyone's advice is how important the documentation and professional communication is. I love the specific language suggestions people have shared about citing the exact percentages and mentioning the 13-week threshold rule. One question for those who've been through this - when you update your work search plan to emphasize certifications and experience, do you do that through the online portal or do you need to call/email your counselor directly? I have an industry certification too and it sounds like that could really help with getting more appropriate job matches. Thanks to everyone for sharing their experiences - this thread is like a masterclass in how to handle this situation properly while protecting your benefits!

This thread has been incredibly helpful! I'm dealing with a similar situation - at week 9 and they want me to consider a position paying $38K when I was making $75K previously. Reading everyone's experiences has given me so much confidence about declining this professionally. The advice about being specific with percentages and citing the 80% rule is spot on. I'm definitely going to use language like "This position at $38,000 represents only 51% of my previous salary, which falls well below the 80% threshold during the first 13 weeks of my claim." One thing I want to add for anyone else reading this - make sure you're also keeping records of your regular job search activities beyond just the DOL suggestions. I've been applying to 4-5 positions per week in my field and documenting everything. That way if they question your commitment to finding work after you decline their low-paying suggestions, you have solid proof you're actively searching for appropriate positions. The tip about updating your work search plan to highlight certifications is genius - I'm logging into my account right after this to make those changes. Thanks everyone for sharing such detailed, practical advice!

I'm in week 4 of my claim and just got a similar suggestion from my counselor - they want me to look at a position paying $45K when I was making $90K before (literally 50% like your situation!). Reading through all these responses has been incredibly reassuring that I can decline this without losing my benefits. What I'm taking away from everyone's advice: 1) Be professional but firm in declining, 2) Cite the specific percentage and mention the 80% rule during first 13 weeks, 3) Document EVERYTHING, 4) Update work search plan to emphasize certifications and experience, and 5) Keep up regular job search activities to show you're genuinely looking for appropriate work. The sample email language people have shared here is perfect - being specific about percentages makes it clear you understand the rules and aren't just being unreasonable. I'm also definitely going to start that documentation spreadsheet that several people mentioned. Thanks to everyone for sharing their experiences - this thread should be required reading for anyone on NY unemployment!