NYS Department of Labor claim after losing job when minimum wage increase caused layoffs - am I eligible?
My employer had to let me and 3 other people go last month because they couldn't afford to pay the new minimum wage rates that went into effect. I worked there for almost 2 years as a cashier at a small family restaurant. When I tried to file for unemployment with NYS Department of Labor, I'm worried they might deny my claim because technically I wasn't fired for performance issues or anything like that. The owner said he just couldn't keep all of us on with the wage increase. Has anyone dealt with this situation before? Will NYS Department of Labor consider this a valid reason for unemployment benefits or do they see it differently when it's related to minimum wage laws?
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Logan Stewart
You should absolutely be eligible for unemployment benefits in this situation. When an employer lays off workers due to economic reasons - which includes not being able to afford higher wages - that's considered an involuntary separation through no fault of your own. NYS Department of Labor doesn't distinguish between different types of economic hardship that cause layoffs. As long as you meet the other requirements (work history, actively seeking work, etc.), this type of layoff qualifies you for UI benefits.
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Diego Castillo
•That's a relief to hear! I was so worried they would say it was somehow my fault or that I should have found a different job before the wage increase happened.
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Mikayla Brown
this is exactly what happened to my sister at her retail job!! the store had to cut hours for everyone first, then they laid off like 6 people when minimum wage went up again. she got approved for unemployment no problem. just make sure you file your weekly claims on time and keep applying for jobs
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Diego Castillo
•Good to know! Did she have any issues with the job search requirements? I'm not sure how many applications I need to submit each week.
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Mikayla Brown
•i think its 3 per week but check the nys department of labor website to be sure
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Sean Matthews
I've been trying to get through to NYS Department of Labor for weeks about my claim status and it's impossible! The phone lines are always busy and when I do get through, I get disconnected. How is anyone supposed to get help with their unemployment questions when you can't even talk to a real person?
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Ali Anderson
•I had the same problem until someone told me about Claimyr - it's a service that helps you get through to NYS Department of Labor agents. You can check it out at claimyr.com and they have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. I was skeptical at first but it actually got me connected to someone who could explain why my claim was stuck in adjudication.
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Zadie Patel
When you file your claim, make sure to explain exactly what happened - that it was an economic layoff due to the employer's inability to meet new wage requirements. Don't just put 'laid off' - be specific. Also keep any documentation from your employer about the layoff if they gave you anything in writing. NYS Department of Labor sometimes asks for additional information during the adjudication process.
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A Man D Mortal
The whole minimum wage situation is creating so many problems for small businesses. My friend owns a coffee shop and she's been struggling ever since the increases started. But you're right that workers shouldn't be penalized for economic decisions they had no control over. The unemployment system exists for exactly these situations.
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