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Morita Montoya

NYS Department of Labor unemployment describes the condition where you can't work - confused about eligibility requirements

I'm trying to understand what unemployment describes exactly because I'm not sure if I qualify for benefits. From what I gather, unemployment describes the condition where someone is out of work through no fault of their own, but I'm confused about the specific requirements. I lost my job last month when my company downsized, and I've been hearing different things about what NYS Department of Labor considers eligible unemployment. Some people say you have to be actively looking for work, others mention something about being able and available. Can someone explain what unemployment describes in terms of the actual eligibility criteria? I want to make sure I understand before I file my claim.

Unemployment describes the condition where you're involuntarily out of work AND actively seeking employment. For NYS Department of Labor benefits, you need to meet three main criteria: you must be unemployed through no fault of your own (layoffs, business closure, etc.), you must be physically able to work and available for work, and you must be actively searching for employment. If your company downsized and let you go, that typically qualifies as involuntary unemployment.

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Thanks! So the job search requirement is mandatory? How many jobs do I need to apply to each week to maintain my eligibility?

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Joy Olmedo

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You need to do at least 3 job search activities per week and keep a detailed log. NYS Department of Labor can audit your job search records at any time, so make sure you document everything - company names, dates, contact methods, etc. The unemployment condition also means you can't turn down suitable work offers without good cause.

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Isaiah Cross

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What counts as a 'suitable work' offer? Does it have to be in the same field as my previous job?

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Joy Olmedo

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Generally, suitable work means employment that pays at least 80% of your previous wage rate and matches your skills and experience. There are some exceptions for the first few weeks of unemployment where you have more flexibility to seek work in your field.

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Kiara Greene

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the whole system is confusing honestly. unemployment describes one thing but then they have all these rules that make it complicated. i filed three weeks ago and my claim is STILL in adjudication because they want to verify my last employer's information. meanwhile i can't pay my bills

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Evelyn Kelly

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I had the same adjudication delay issue! Couldn't get through to anyone at NYS Department of Labor for weeks. Finally used this service called Claimyr (claimyr.com) that helped me reach an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Got my claim resolved within a few days after that.

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Paloma Clark

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Wait, I thought unemployment just meant you don't have a job? There's more to it than that? I've been collecting benefits for two months and nobody told me about keeping a job search log...

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You should definitely start keeping that log immediately. NYS Department of Labor can request your job search records at any time, and not having them could result in an overpayment determination. Better late than never!

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Heather Tyson

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I remember when I first learned what unemployment describes - it's not just being out of work, it's being out of work AND meeting all these specific conditions. My sister got denied because she quit her job voluntarily, even though she was technically unemployed. The NYS Department of Labor is very strict about the 'involuntary' part of the unemployment condition.

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