NYS Department of Labor denied my claim - reasons why you can't get unemployment benefits
Just got my determination letter from NYS Department of Labor and they denied my unemployment claim. I'm trying to understand all the different reasons why you can't get unemployment so I know if I should appeal or not. My situation is that I got fired for missing too many days but it was because my kid kept getting sick and daycare wouldn't take him. Does anyone know the full list of disqualification reasons? I thought I read somewhere that attendance issues might not automatically disqualify you but I'm not sure. Really need to know if it's worth fighting this or if I should just move on.
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Lucas Bey
There are several main categories of disqualification from unemployment benefits. The most common ones are: 1) Misconduct - this includes things like attendance problems, insubordination, or violating company policy, 2) Voluntary quit without good cause, 3) Not actively seeking work or refusing suitable work offers, 4) Not meeting the earnings requirements in your base period, 5) Being unavailable for work or not able to work. In your case with attendance, NYS Department of Labor will look at whether the absences were within your control and if you followed company policy for reporting them. Child care issues can sometimes be considered good cause depending on the circumstances.
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Charlotte Jones
•Thanks for the breakdown! I did follow the calling in policy every time but I guess missing 8 days in 3 months looked bad. The determination letter just said 'discharged for misconduct' without much detail.
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Harper Thompson
ugh the whole system is so unfair!! I got denied too because they said I didnt look for work hard enough even though I was applying to jobs every day. apparently you need to keep this detailed log and contact 3 employers per week which nobody tells you upfront
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Caleb Stark
•The job search requirements are actually pretty specific - you need to make at least 3 work search activities per week and keep records. It's all explained in the claimant handbook but most people don't read it unfortunately.
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Jade O'Malley
I had a similar situation where I was having trouble reaching someone at NYS Department of Labor to explain my disqualification. Spent weeks trying to get through on the phone with no luck. Finally used this service called Claimyr (claimyr.com) that gets you connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Was able to speak with someone within a day and get my appeal filed properly. Might be worth checking out if you need to talk to someone about your specific case.
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Hunter Edmunds
•How much does something like that cost? I'm already stressed about money obviously
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Jade O'Malley
•It's worth it when you consider how much you could lose by not appealing if you have a valid case. Much cheaper than missing out on weeks of benefits.
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Ella Lewis
Other reasons you might get denied: if you were working part-time and earning too much while claiming, if you moved out of state without notifying them, if you went back to school full-time, or if there are any issues with your identity verification. Also if you had any gaps in filing your weekly claims that can mess things up.
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Andrew Pinnock
wait so if my kid gets sick and I have to stay home that counts as misconduct?? thats insane
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Lucas Bey
•Not necessarily - it depends on factors like whether you exhausted other childcare options, if you gave proper notice, if you tried to arrange coverage, and what your company's policies were. Child care emergencies can sometimes qualify as good cause but it's evaluated case by case.
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Charlotte Jones
Update: I think I'm going to appeal this. Reading through everything you all posted it sounds like my situation might have some gray areas worth fighting for. At minimum I need to understand exactly what they consider misconduct in my case.
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Lucas Bey
•Good choice! You have 30 days from the determination date to file your appeal. Make sure to gather any documentation about your childcare situation and attendance records.
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