NYS Department of Labor suitable work requirements - what exactly counts?
I'm getting conflicting information about what is suitable work requirements for unemployment benefits. Been unemployed for 6 weeks now and starting to get job referrals from the NYS Department of Labor that seem way below my previous salary. I was making $28/hour as a warehouse supervisor and they're sending me listings for general warehouse worker positions at $16/hour. My case worker said I might have to take these after a certain time period but I'm not clear on the rules. Does anyone know the actual NYS Department of Labor guidelines for what is suitable work? How long do I have before I'm forced to take a lower paying job to keep my benefits?
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AstroAce
The NYS Department of Labor suitable work requirements change based on how long you've been unemployed. During your first 10 weeks, suitable work generally means jobs that pay at least 80% of your previous wage and match your skills and experience. After 10 weeks, the standards become more flexible and you may be required to accept work that pays less. The key factors are: wage level compared to your previous job, your skills and training, distance from your home, and working conditions. You should document any job refusals and the reasons why to protect yourself if questioned later.
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Omar Zaki
•That's helpful, thank you! So at 6 weeks I still have some protection? Do you know if they count the distance to work? Some of these warehouse jobs are like 45 minutes away.
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Chloe Martin
yeah the suitable work thing is confusing as hell. i had to take a job that paid way less after like 3 months because they said i didnt have a choice anymore. the nys department of labor basically forces you to take whatever after a while
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Diego Rojas
•That's not entirely accurate. While the standards do become more flexible over time, you're not required to take 'whatever' job is offered. There are still protections for unsafe working conditions, unreasonable commute distance, and jobs that don't match your physical capabilities.
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Anastasia Sokolov
I had major issues getting through to the NYS Department of Labor when I needed clarification on suitable work requirements last year. Kept getting disconnected after waiting on hold for hours. Finally found this service called Claimyr (claimyr.com) that actually got me connected to a real person at the unemployment office. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much frustration trying to get answers about my specific situation.
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Omar Zaki
•Interesting, never heard of that before. Did they actually help you understand the suitable work rules for your case?
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Anastasia Sokolov
•Yes, I was able to speak with someone who explained how the wage percentage requirements work in my specific field and timeframe. Much better than trying to interpret the general guidelines online.
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Sean O'Donnell
The whole suitable work system is designed to push people off unemployment as fast as possible!! They don't care if you end up in a dead-end job making half what you used to earn. After dealing with this system for months I can tell you they'll find ANY excuse to cut your benefits if you refuse work.
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Zara Ahmed
•I get the frustration but there are legitimate protections in place. The key is understanding exactly what those protections are and documenting everything properly.
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StarStrider
been there! the commute distance thing is real - they can't force you to take a job that requires more than a reasonable commute time or cost
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Anastasia Fedorov
From my experience dealing with NYS DOL, the 80% rule that AstroAce mentioned is correct for the first 10 weeks. But there's also a "prevailing wage" consideration - if similar jobs in your area typically pay much less than what you were making, they might argue that the lower wage is reasonable sooner. For the commute issue, generally anything over 1 hour each way or that costs more than 10% of your gross weekly benefit amount is considered unreasonable. I'd recommend calling your local career center to get clarification on your specific situation - they're usually more helpful than the main unemployment line. Keep detailed records of all job referrals and your responses in case you need to appeal any decisions later.
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