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Julian Paolo

NYS Department of Labor denied my claim saying 'lack of work' - what does this mean exactly?

I got laid off from my warehouse job last month and filed for unemployment benefits. Today I got a determination letter from NYS Department of Labor saying my claim was denied due to 'lack of work' but I'm totally confused because I thought being laid off for lack of work was exactly why unemployment exists? The letter doesn't really explain what this means or why it's a disqualification. I worked there for 2 years full time and never had any issues. Can someone explain what 'lack of work' means in unemployment terms and why this would be a reason to deny my claim? I need to know if I should appeal this decision.

This is really confusing terminology from NYS Department of Labor. 'Lack of work' is actually a QUALIFYING reason for unemployment, not a disqualifying one. If you were laid off due to lack of work (meaning your employer didn't have enough work to keep you employed), that should make you eligible for benefits. There might be a misunderstanding in how your separation was coded. You should definitely appeal this determination and request clarification on why lack of work is being treated as a disqualification.

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That's what I thought too! My supervisor even told me it was a layoff due to reduced business. How do I appeal this? The letter mentions something about requesting a hearing but I don't understand the process.

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I had something similar happen to me. Sometimes NYS Department of Labor gets the separation reason wrong in their system. When I called to clarify, they told me my employer reported it differently than what actually happened. You need to contact them ASAP to get this corrected. If calling doesn't work because of their crazy phone volume, I used a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really saved me weeks of trying to get through on my own.

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How long did it take for them to fix the error once you got through to someone? I'm worried about missing payments while this gets sorted out.

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wait this doesn't make sense... lack of work should qualify you for unemployment not disqualify you?? unless there's something else going on like maybe your employer said you quit instead of being laid off?

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No I definitely didn't quit. I have the layoff notice from my supervisor in writing. Maybe the employer reported it wrong to NYS Department of Labor?

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The NYS Department of Labor system is so messed up with their determinations. I've seen people get denied for the weirdest reasons that don't even make legal sense. You absolutely need to appeal this ASAP - you only have 30 days from the determination date. Don't let them screw you over with their bureaucratic nonsense. Document everything and fight this decision because lack of work due to layoff is textbook unemployment eligibility.

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Totally agree. The system seems designed to deny first and ask questions later. At least appeals usually get reviewed by actual humans instead of whatever automated system they use for initial determinations.

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I think there might be confusion between 'lack of work' and 'lack of suitable work' or something like that. When I was dealing with my unemployment claim, the terminology was really confusing and different phrases meant completely different things for eligibility. You should definitely get clarification on exactly what they mean by this denial reason.

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This is definitely a mistake on their part. "Lack of work" is literally one of the main qualifying reasons for unemployment benefits - it means your employer didn't have enough work to keep you employed, which is exactly what a layoff is. I've seen this happen before where the Department of Labor's system gets the coding wrong or there's a miscommunication with your employer about the separation reason. You need to appeal this immediately - don't wait. When you appeal, make sure to include any documentation you have about the layoff (emails, notices, anything in writing from your supervisor). The appeals process usually takes a few weeks, but they should backdate your benefits once it's corrected. This is a clear error that should be overturned.

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