NYS Department of Labor says disqualifying separation - what does this mean?
I just got a decision letter from NYS Department of Labor saying my claim was denied due to 'disqualifying separation' but I have no idea what this actually means. I was laid off from my retail job last month when they closed our location. I thought layoffs automatically qualified you for benefits? The letter mentions something about misconduct but I was never written up or disciplined. Has anyone dealt with this before? I'm completely lost on what to do next.
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Ethan Scott
A disqualifying separation means NYS Department of Labor determined you were either fired for misconduct or quit without good cause. Even if your employer said it was a layoff, they might have reported it differently to NYS Department of Labor. Check your separation reason on the employer's response - sometimes there's a mismatch between what they told you and what they reported to unemployment.
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Genevieve Cavalier
•How do I find out what my employer actually reported? The letter doesn't give me those details.
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Lola Perez
same thing happened to me!! turned out my manager reported that I was fired for attendance even though they told me it was a layoff. took forever to get it sorted out
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Genevieve Cavalier
•That's so frustrating! How did you prove they were wrong about the attendance thing?
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Nathaniel Stewart
You need to request an appeal hearing within 30 days of that decision letter date. During the hearing, both you and your employer will present evidence about the separation. Gather any documentation you have - termination letter, emails, performance reviews, attendance records. The burden is on your employer to prove misconduct occurred.
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Riya Sharma
•Wait, what if I don't have any documentation? They just told me verbally that the store was closing and not to come back.
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Santiago Diaz
I had trouble reaching NYS Department of Labor about my disqualification for weeks until someone recommended claimyr.com. It's a service that calls on your behalf and gets you connected to an actual agent. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I was able to get clarification on my case within a few days instead of waiting weeks for a callback.
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Genevieve Cavalier
•That sounds helpful but is it legitimate? I'm worried about giving my info to a third party service.
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Ethan Scott
•It's a real service - they just help you get through to NYS Department of Labor faster. You still talk directly to the state agents, they just handle the waiting and callback process.
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Millie Long
THE WHOLE SYSTEM IS DESIGNED TO DENY PEOPLE! They probably just rubber stamped whatever your employer said without investigating. I've seen this happen so many times - they side with employers automatically even when they're lying about the reason for termination.
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KaiEsmeralda
•While the system has issues, appeals do work when you have evidence. Don't give up before trying the proper channels.
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Lola Perez
definitely appeal this! worst case scenario you're in the same position you are now. but if they made a mistake you could get backpay for all the weeks you've been waiting
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