NYS Department of Labor disqualification - when are you not eligible for unemployment benefits?
I just got fired from my retail job for missing too many shifts and I'm wondering if I can even apply for unemployment. I know there are certain situations where you're automatically disqualified but I'm not sure what they are exactly. Does anyone know the specific reasons NYS Department of Labor will deny your claim? I'm worried I might not be eligible because of the attendance issues that led to my termination.
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Yara Sabbagh
There are several situations where NYS Department of Labor will disqualify you from receiving unemployment benefits. The main ones are: being fired for misconduct (which excessive absences might fall under), quitting without good cause, refusing suitable work, not meeting work search requirements, or failing to register with the state job service. If you were terminated for attendance issues, it depends on whether they classify it as misconduct or just poor performance.
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Connor O'Brien
•How do they determine if attendance problems count as misconduct? I had some legitimate reasons for missing work but also a few times I just overslept.
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Keisha Johnson
you can still apply even if you think you might be disqualified! sometimes what employers report as misconduct doesn't actually meet the legal definition. I thought I'd be denied after getting fired but ended up getting approved after adjudication
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Paolo Rizzo
The key factors NYS Department of Labor looks at for misconduct are whether your actions were deliberate, repeated violations of company policy, and if you knew the consequences. Simply being a poor employee usually isn't enough for misconduct disqualification. You'll likely have to go through adjudication where they'll review the details of your termination and give both you and your employer a chance to present your side.
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QuantumQuest
•This is really helpful! I'm in a similar situation and was too scared to even try applying. How long does the adjudication process usually take?
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Paolo Rizzo
•Adjudication can take anywhere from 2-6 weeks depending on how complex your case is and their current workload. During this time you should continue filing your weekly claims even though you won't receive payments until it's resolved.
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Amina Sy
I had such a hard time getting through to NYS Department of Labor when my claim was under review for a potential disqualification. Spent weeks trying to call and explain my situation. Finally used this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Was able to provide additional documentation that helped my case get approved.
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Oliver Fischer
•never heard of that before, does it actually work or is it some kind of scam?
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Amina Sy
•It's legitimate - they just help you get through the phone system when call volume is high. Saved me tons of time compared to repeatedly calling and getting disconnected.
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Natasha Petrova
The whole system is ridiculous honestly. They make it so complicated to figure out if you even qualify and then make you wait weeks for an answer while you have no income. I got disqualified for 'quitting without good cause' even though my workplace was completely toxic and unsafe.
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Keisha Johnson
•did you try appealing? sometimes they get it wrong the first time around
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Oliver Fischer
Just apply anyway OP, worst case scenario they say no but at least you'll know for sure. The application process itself doesn't cost anything and you might be surprised by the outcome.
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