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Harper Collins

NYS Department of Labor disqualified my claim - does this mean denied unemployment benefits?

I just received a determination from NYS Department of Labor saying my unemployment claim is 'disqualified' and I'm confused about what this actually means. Does disqualified mean the same thing as denied? I was let go from my retail job in December and thought I'd be eligible for unemployment benefits. The letter mentions something about job separation issues but doesn't clearly explain if this is permanent or temporary. Can someone help me understand the difference between disqualified and denied? And is there anything I can do about this decision?

Disqualified and denied are different things in the NYS unemployment system. Denied usually means you don't meet basic eligibility requirements (like not working enough quarters). Disqualified typically means you were eligible but something about your job separation or conduct makes you ineligible for benefits. Disqualifications can sometimes be temporary depending on the reason. What specific reason did they give for the disqualification?

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The letter says 'voluntary quit without good cause' but I was actually laid off due to store closure. I think there might be some confusion about my separation reason.

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Dylan Fisher

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You definitely need to appeal this if you were laid off and not quit voluntarily! NYS Department of Labor sometimes gets incorrect information from employers about separation reasons. You have 30 days from the determination date to file an appeal. Gather any documentation you have about the layoff - termination letter, company announcements about store closure, anything that proves you didn't quit voluntarily.

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I do have the company email about store closures. Should I include that with my appeal? And do I need to keep filing weekly claims while the appeal is pending?

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Dylan Fisher

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Yes, include that email and any other documentation! And definitely keep filing your weekly claims during the appeal process or you could lose benefits for those weeks even if you win the appeal.

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Edwards Hugo

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ugh the same thing happened to me last year!! my employer told NYS Department of Labor I was fired for attendance when I was actually laid off. took forever to get through on the phone to explain the situation. if you can't reach them by calling, there's 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 that shows how it works. saved me weeks of trying to call

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Gianna Scott

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How long did your appeal take to get resolved? I'm worried about going weeks without any income while this gets sorted out.

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Alfredo Lugo

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The whole unemployment system is SO confusing with all these different terms. I thought disqualified and denied were the same thing too until I went through this myself. At least with a disqualification for job separation you can usually appeal and get it overturned if you have proof. Denied is usually more permanent.

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Sydney Torres

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Make sure when you appeal you're super clear about the timeline of events and that you have witnesses or documentation. NYS Department of Labor will schedule a hearing where both you and your employer can present evidence. Since you have that company email about store closures, that should be strong evidence in your favor. Don't let this discourage you from appealing - wrongful disqualifications get overturned all the time when people have proper documentation.

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Diego Ramirez

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I went through something similar when I was disqualified for "misconduct" even though I was actually laid off due to budget cuts. The key thing to remember is that disqualification decisions are often based on incomplete or incorrect information from employers. File your appeal as soon as possible - you can do it online through the NYS Department of Labor website. In your appeal, be very detailed about what actually happened and include any evidence you have. The company closure email you mentioned will be crucial evidence. Also, consider reaching out to your former coworkers who were also laid off - they could serve as witnesses if needed. Don't give up on this - with proper documentation, these cases often get resolved in the claimant's favor.

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