NYS Department of Labor denied my claim saying it was voluntary unemployment - what is voluntary unemployment exactly?
I got laid off from my warehouse job in December but NYS Department of Labor just denied my unemployment claim saying I quit voluntarily. I'm confused because I definitely got laid off due to slow business, not because I quit. The denial letter mentions 'voluntary unemployment' but doesn't really explain what that means. I never resigned or anything like that. Has anyone else dealt with this? What exactly counts as voluntary unemployment in New York and how do I prove I was actually laid off?
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Hugo Kass
Voluntary unemployment means NYS Department of Labor thinks you left your job by choice rather than being fired or laid off. This could be from quitting, retiring, or even if they think you did something that forced your employer to let you go. You'll need to appeal this decision with documentation proving you were laid off - things like your layoff notice, final paycheck stub showing reason for separation, or any written communication from your employer about the layoff.
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Simon White
•I don't have a formal layoff notice but I do have text messages from my supervisor about the slow business. Would that work as proof?
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Nasira Ibanez
Same thing happened to me last year! My employer must have told NYS Department of Labor I quit when I was actually terminated. The key is to appeal immediately - you only have 30 days from the determination date. Gather any evidence you have about being laid off and request a hearing. I ended up winning my appeal after providing witness statements from coworkers.
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Khalil Urso
•How long did your appeal take? I'm in a similar situation and getting desperate for the benefits.
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Nasira Ibanez
•Mine took about 6 weeks total but I got all my back benefits once it was approved. Don't wait to file the appeal though.
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Myles Regis
ugh the whole system is rigged against workers!! they always side with employers no matter what happened. voluntary unemployment my ass - they just don't want to pay benefits
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Hugo Kass
•While the system can be frustrating, there are legitimate reasons for voluntary unemployment determinations. The important thing is appealing with proper documentation when you were actually laid off.
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Brian Downey
I had trouble reaching NYS Department of Labor to get clarification on my determination too. Someone here mentioned a service called Claimyr (claimyr.com) that helps you actually get through to an agent on the phone. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth checking out if you need to talk to someone about your appeal options.
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Jacinda Yu
•never heard of that before but honestly anything is better than sitting on hold for hours just to get disconnected
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Landon Flounder
wait so if i got fired for being late too much times would that be voluntary unemployment too?
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Hugo Kass
•That would likely be considered misconduct, which is different from voluntary unemployment. Both can result in benefit denial but the appeal process and requirements are different.
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