NYS Department of Labor denied my claim - can I reapply for unemployment benefits again?
My unemployment claim got denied last month by NYS Department of Labor and I'm wondering if I can reapply? They said I was disqualified for 'voluntary quit without good cause' but I think they misunderstood my situation. I left my job because my hours got cut to basically nothing and I couldn't afford to stay. Is it worth trying to file a new claim or should I focus on appealing the denial? Has anyone successfully reapplied after being denied?
26 comments


Monique Byrd
You generally can't just reapply for the same benefit year if you were denied - you need to appeal the decision first. The appeal deadline is usually 30 days from when you received the determination letter. For your situation with reduced hours, that might actually qualify as constructive dismissal which could make you eligible.
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Alejandro Castro
•I think I missed the 30 day deadline, it's been about 6 weeks. Am I completely out of luck or is there still something I can do?
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Jackie Martinez
same thing happened to me, they denied me for quitting but I appealed and won because I had good cause. you definitely should have appealed instead of trying to reapply
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Lia Quinn
You might still be able to file a late appeal if you have good cause for missing the deadline. NYS Department of Labor sometimes accepts late appeals if you can show you didn't receive the notice or had other extenuating circumstances. You'll need to explain why you missed the deadline and provide documentation about your work situation. If your hours were significantly reduced, that's often considered involuntary separation.
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Alejandro Castro
•That gives me hope! I did move apartments right around that time so maybe the mail got lost. What kind of documentation would I need?
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Haley Stokes
Had trouble reaching NYS Department of Labor about my appeal last year and found this service called Claimyr that gets you through to an actual agent. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling and getting hung up on. Might be worth it to talk to someone about your late appeal options.
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Asher Levin
honestly the whole system is rigged against workers, they deny people for any reason they can think of and make the appeal process as confusing as possible
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Serene Snow
ugh this is exactly what I'm worried about happening to me, I had to quit my job too because they kept cutting my schedule
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Monique Byrd
•If you had significant hour reductions, document everything before you file - pay stubs showing the reduction, any communication about schedule changes, etc. That can help establish good cause.
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Laura Lopez
I went through something similar and was able to file a late appeal after missing the initial deadline. You'll want to gather evidence showing your hours were substantially reduced - pay stubs from before and after the cuts, any emails or texts about schedule changes, even coworker testimony if possible. The key is proving it was essentially constructive dismissal rather than voluntary quit. I'd recommend calling the appeals office directly to ask about late filing procedures - they sometimes have more flexibility than the initial claims process. Don't give up, reduced hours cases often have better success rates on appeal.
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Miles Hammonds
•This is really helpful advice! I do have pay stubs showing the dramatic drop in hours - went from 35-40 hours a week to maybe 8-10. I'm definitely going to try calling the appeals office directly like you suggested. Did you have to pay any fees for the late appeal or was it just a matter of explaining why you missed the deadline?
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Ali Anderson
•@Miles Hammonds No fees for the late appeal itself - that part is free. You just need to submit a written request explaining why you missed the original deadline along with your appeal. In my case, I explained that I didn t'fully understand the difference between reapplying vs appealing, and they accepted that as reasonable cause. The pay stub evidence you have showing that dramatic hour reduction sounds really strong - that s'almost certainly going to qualify as constructive dismissal. Make sure to emphasize that 8-10 hours wasn t'enough to live on and you had no choice but to leave.
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StarStrider
I'm in a similar boat - just had my claim denied for "voluntary quit" even though my employer basically forced me out by cutting my hours to almost nothing. Reading through these responses is really encouraging, especially hearing that people have successfully filed late appeals. I'm about 5 weeks past my denial notice too, so knowing there might still be options gives me hope. The constructive dismissal angle makes a lot of sense for situations like ours where we didn't really have a choice but to leave. Going to start gathering all my documentation and try calling the appeals office directly like others suggested here.
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Ravi Sharma
•@StarStrider You're definitely not alone in this situation! It sounds like you have a strong case for constructive dismissal too. One thing that really helped me when I was preparing my documentation was creating a timeline showing exactly when the hour cuts happened and how it affected my ability to pay bills. If you have any written communication from your employer about the schedule changes, that's golden evidence. Also, don't be discouraged by being 5 weeks out - I've heard of people getting late appeals accepted even further past the deadline if they can show good cause. The appeals office seems more understanding about these situations than the initial claims reviewers. Best of luck!
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Talia Klein
I went through almost the exact same situation a few months ago - got denied for "voluntary quit" even though my employer cut my hours from full-time to just 12 hours a week. Like others have mentioned, you can absolutely file a late appeal even past the 30-day deadline. I was about 7 weeks late with mine and they still accepted it because I could show I genuinely didn't understand the process initially. The key is proving constructive dismissal - when your hours get cut so drastically that you can't survive financially, that's essentially being forced out. Gather all your pay stubs, any texts or emails about the schedule changes, and write a clear timeline of what happened. I ended up winning my appeal and getting all my back benefits. Don't give up - these hour reduction cases have really good success rates once you get in front of an appeals judge who actually understands employment law.
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Amelia Dietrich
•@Talia Klein This is exactly what I needed to hear! Your situation sounds almost identical to mine - the fact that you were 7 weeks late and still got accepted gives me real hope. I m'definitely going to follow your advice about creating a clear timeline and gathering all the documentation. It s'so frustrating that they initially classify these situations as voluntary "quit when" we really had no choice. Did you have to appear in person for the appeals hearing or was it done over the phone? I m'nervous about that part but your success story is really motivating me to push forward with this.
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Steven Adams
•@Amelia Dietrich Mine was done over the phone, which was actually less intimidating than I expected! The appeals judge was really professional and seemed to understand these constructive dismissal cases well. They asked straightforward questions about my work situation, the hour cuts, and why I felt I had to leave. Having all my documentation ready made it much smoother - I could reference specific dates and amounts when they asked. The whole hearing took maybe 20-30 minutes. The employer didn t'even show up to contest it, which I think happens pretty often in these cases. You ve'got this - the fact that you re'taking the time to prepare properly puts you in a great position!
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Fiona Sand
I'm dealing with a similar situation right now and this thread has been incredibly helpful! My hours got slashed from 32 to about 10 per week and I quit because I couldn't make ends meet. NYS DOL initially denied my claim for "voluntary quit" but after reading everyone's experiences here, I'm realizing I should have appealed instead of just accepting the decision. I'm probably past the 30-day deadline too, but seeing that multiple people here successfully filed late appeals is giving me hope. Going to start gathering my pay stubs and any documentation about the hour cuts. Has anyone had luck with the online appeal process or is calling directly better for these late appeals?
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Niko Ramsey
•@Fiona Sand For late appeals, I d'definitely recommend calling directly rather than trying to do it online. When I was in a similar situation, the appeals office staff were really helpful in explaining exactly what I needed to include in my late appeal request and they could answer questions about my specific circumstances right away. The online system seemed more rigid and didn t'give me the same opportunity to explain why I missed the deadline. Plus, talking to someone directly helped me understand the difference between constructive dismissal and voluntary quit - which sounds like exactly what you need for your situation with the hour cuts from 32 to 10 per week. That s'a massive reduction that no reasonable person could live on!
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Sean O'Donnell
I'm going through the exact same thing right now - got denied for "voluntary quit" after my employer cut my hours from 40 to maybe 15 per week. Reading through all these responses is giving me so much hope! I had no idea that late appeals were even possible, and hearing that so many people have successfully argued constructive dismissal for hour reductions is really encouraging. I'm definitely past the 30-day deadline (probably around 6-7 weeks now) but it sounds like that's not necessarily the end of the road. Going to start collecting all my pay stubs and any communication about the schedule changes, then try calling the appeals office directly like everyone's suggesting. It's so frustrating that they automatically classify these situations as voluntary when we literally had no choice but to leave - 15 hours a week isn't even enough to cover rent, let alone everything else. Thanks to everyone who shared their experiences here, you've given me the courage to fight this decision!
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Lydia Santiago
•@Sean O'Donnell You're absolutely right that 15 hours a week isn't livable - that's a textbook case of constructive dismissal! I went through something really similar last year and successfully got my denial overturned on appeal, even though I was late filing too. The appeals judge completely understood that when your hours get cut that drastically, you don't really have a choice but to leave. Make sure when you call the appeals office to emphasize that you couldn't afford basic living expenses on those reduced hours - that really drives home why it wasn't truly "voluntary." Also, if you have any records showing what your bills/expenses were during that time, that can help demonstrate the financial impossibility of staying. Don't let them intimidate you into thinking you don't have a case - hour reduction appeals have really good success rates once you get in front of someone who actually understands employment law!
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Haley Bennett
I'm facing a very similar situation and this entire thread has been a lifesaver! My employer reduced my hours from 38 to just 12 per week, and like many of you, I got the dreaded "voluntary quit" denial. I had no idea about the constructive dismissal angle or that late appeals were even possible - I just assumed I was out of luck when I missed the 30-day deadline. Reading about everyone's success stories here is giving me the motivation to fight this. I've already started gathering my pay stubs and I found some text messages from my supervisor about the "temporary" schedule cuts that turned permanent. It's really encouraging to see that the appeals judges seem to actually understand these situations better than whoever reviews the initial claims. Going to call the appeals office first thing Monday morning. Thank you all for sharing your experiences - you've literally given me hope when I thought I had none left!
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Kelsey Chin
•@Haley Bennett Your situation sounds exactly like what I went through! Having those text messages from your supervisor is going to be really valuable evidence - especially if they called the cuts temporary "but" then made them permanent. That shows the employer wasn t'being honest about the situation from the start. When you call Monday, make sure to ask specifically about the late appeal process and mention that you didn t'understand the difference between reapplying and appealing initially - that s'often considered good cause for missing the deadline. The fact that your hours went from 38 to 12 is such a dramatic cut that any reasonable person would see that as constructive dismissal. You ve'got great documentation and a strong case - don t'let them make you feel like you don t'deserve benefits when your employer essentially forced you out by making the job financially impossible to keep!
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Chloe Robinson
This thread has been incredibly helpful - I'm in almost the exact same situation! My hours got cut from full-time to about 14 hours per week and I got denied for "voluntary quit" too. I had no idea that constructive dismissal was even a thing or that late appeals were possible. Reading everyone's success stories here is giving me the courage to fight this decision. I'm probably about 5-6 weeks past my denial notice, but it sounds like that might not be the end of the road. Going to start gathering all my pay stubs and documentation about the hour cuts, then call the appeals office directly like so many people here have recommended. It's really frustrating how they automatically label these situations as "voluntary" when we literally couldn't survive on the reduced hours. Thank you everyone for sharing your experiences - you've given me hope when I thought I was completely out of options!
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Mason Lopez
•@Chloe Robinson You re'definitely not alone in this situation! I m'also dealing with a similar denial after my hours got drastically cut. It s'so encouraging to see how many people in this thread have successfully fought these voluntary "quit decisions" through the appeals process. The constructive dismissal argument seems to be really effective when you can show such dramatic hour reductions - 14 hours a week is nowhere near enough to live on! I m'planning to call the appeals office this week too after reading all the success stories here. It sounds like having your pay stubs ready and being able to clearly explain the timeline of events is key. Don t'give up - it seems like these cases have really good outcomes once you get in front of someone who actually understands employment law!
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Leo McDonald
Reading through all these experiences has been so eye-opening! I'm currently dealing with a very similar situation - my employer cut my hours from 35 to just 8 hours per week and I got the "voluntary quit" denial too. I had no clue that late appeals were even an option or what constructive dismissal meant until I found this thread. It's really encouraging to see so many people successfully overturn these denials, especially with hour reduction cases. I'm definitely past the 30-day deadline (about 7 weeks now) but seeing that others have been successful even later than that gives me real hope. I've got pay stubs showing the dramatic drop and some emails from my manager about the "temporary" schedule changes that never got reversed. Going to call the appeals office this week and try to file a late appeal. Thank you everyone for sharing your stories - you've given me the confidence to fight this when I thought I was completely out of luck!
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