NYS Department of Labor denied my unemployment claim - need to understand why
I just got a determination letter from NYS Department of Labor saying my unemployment claim was denied but I'm really confused about the reason. I worked at a restaurant for 8 months before they let me go in December, and I thought I qualified for benefits. The letter mentions something about 'voluntary separation' but I definitely didn't quit - they said business was slow and had to cut staff. Has anyone else dealt with this kind of mix-up? I really need these benefits and don't understand what went wrong with my claim.
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Payton Black
This sounds like your employer might have reported to NYS Department of Labor that you quit instead of being laid off. This is unfortunately common and you absolutely have the right to appeal this determination. You'll need to gather any documentation you have about being laid off - text messages, emails, witnesses, anything that proves you didn't voluntarily leave. The appeal deadline is usually 30 days from the determination date.
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Angel Campbell
•Thank you! I do have a text from my manager saying they had to let people go. Should I include that with my appeal?
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Harold Oh
Yes definitely include that text message! Also common reasons for denial include not earning enough wages in your base period, being terminated for misconduct, or job search requirement issues. Since you mention working 8 months at the restaurant, wage issues probably aren't the problem. The voluntary separation flag is almost certainly an employer reporting error.
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Angel Campbell
•How do I know what my base period wages were? I want to make sure that's not an issue too.
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Amun-Ra Azra
ugh this happened to me too last year!! my old job told unemployment I quit when they actually fired me for 'performance' reasons. took forever to get through to anyone at NYS Department of Labor to explain what really happened
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Summer Green
•If you're having trouble reaching NYS Department of Labor by phone, I used a service called Claimyr (claimyr.com) that got me through to an actual agent in like 10 minutes. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped me get my appeal questions answered quickly instead of calling for hours.
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Gael Robinson
The appeal process for wrongful denial can take several weeks but it's definitely worth fighting if you were truly laid off. Make sure you keep filing your weekly claims even while the appeal is pending - you can get backpay if you win. Also document everything about your job search in case they ask about that during the appeal hearing.
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Edward McBride
wait so even if they deny you initially you can still get money later? I thought once they said no that was it
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