NYS Department of Labor denied my unemployment claim - what reasons can you be denied unemployment benefits?
Just got my determination letter and NYS Department of Labor denied my unemployment claim. I'm honestly shocked because I thought getting laid off automatically qualified you. The letter mentions something about 'misconduct' but doesn't give specifics. I worked at a retail store for 2 years and was let go last month. Can someone explain what reasons they use to deny unemployment claims? I need to know if I should appeal this or if I don't have a case.
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Miguel Diaz
There are several common reasons NYS Department of Labor denies unemployment claims. The main ones are: voluntary quit without good cause, being fired for misconduct, not being able and available to work, refusing suitable work, or not meeting the base period earnings requirement. Since you mentioned misconduct, they likely determined you were fired for violating company policy rather than being laid off. You should definitely request a hearing to appeal - you have 30 days from the determination date.
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Ava Rodriguez
•The weird thing is I was never written up or disciplined. My manager just said they were cutting staff due to slow sales. How do they even determine misconduct if there's no documentation?
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Zainab Ahmed
happened to my friend too - they claimed he was fired for attendance issues but he had medical documentation for all his absences. He appealed and won because the employer couldn't prove willful misconduct. definitely fight it if you think they got it wrong
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Ava Rodriguez
•That gives me hope! I had perfect attendance except for one sick day that I called in for properly.
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Connor Gallagher
The burden of proof is on the employer to show misconduct. Common misconduct reasons include theft, insubordination, excessive absences, or safety violations. If your employer reported it as a layoff to NYS Department of Labor but told them something different during the claim investigation, that's a red flag. You can request the employer's response to see exactly what they said. I had success using Claimyr (claimyr.com) to actually get through to a NYS Department of Labor agent when I needed to understand my denial - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works.
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AstroAlpha
•Wait, employers can say one thing when they fire you and another thing to NYS Department of Labor? That seems like it should be illegal!
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Connor Gallagher
•Unfortunately yes, and it happens more often than you'd think. That's why appeals are so important - you get to present your side of the story.
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Yara Khoury
Other denial reasons I've seen: not earning enough in your base period (need at least $2,600 total), being an independent contractor instead of employee, or having immigration status issues. But misconduct is probably the most common one employers try to claim to avoid paying into the UI system.
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Keisha Taylor
i got denied once because they said i quit but i was actually fired, took forever to straighten out. the whole system is messed up imo
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Ava Rodriguez
•How did you prove you were fired and didn't quit? Did you need witnesses or documentation?
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Paolo Longo
Don't give up! Even if the initial denial sticks, you can still appeal to an Administrative Law Judge if you lose the first hearing. I've seen people win at that level even after losing the initial appeal. The key is having documentation and being able to clearly explain your version of events.
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