NYS Department of Labor - when can you not file for unemployment benefits?
I'm trying to understand all the situations where someone wouldn't be eligible to file for unemployment in New York. My friend just got fired from her retail job but she's worried she might not qualify because she heard there are certain circumstances that disqualify you completely. Can anyone explain what would prevent someone from filing a claim with NYS Department of Labor? I want to make sure I give her accurate information before she tries to apply.
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Ellie Kim
There are several situations where you can't file for unemployment benefits in NY. The main ones are: if you quit without good cause, were fired for misconduct, are currently working full-time, haven't earned enough wages in your base period, or aren't authorized to work in the US. Also if you're receiving certain other benefits like workers comp or retirement benefits, that can affect eligibility.
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Luis Johnson
•She was definitely fired, not quit, so that part should be okay. How do they determine if it was misconduct though?
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Fiona Sand
The misconduct thing is tricky. NYS Department of Labor looks at whether you willfully violated company policies or were repeatedly negligent. Just being bad at your job usually isn't misconduct, but things like stealing, excessive absences without calling in, or insubordination can disqualify you. If she was just fired for performance issues, she should still be able to file.
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Mohammad Khaled
•this happened to me last year, got fired for being late too many times and they still approved my benefits after adjudication
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Alina Rosenthal
Wait, what about if you're a student? I thought students couldn't get unemployment? And what if you haven't worked long enough - how much do you need to have earned?
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Ellie Kim
•Students can get unemployment if they meet the work requirements and are available for work. For wage requirements, you need to have earned wages in at least 2 quarters of your base period and meet the minimum earnings threshold. The base period is usually the first 4 of the last 5 completed calendar quarters before you file.
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Finnegan Gunn
If you're having trouble getting through to NYS Department of Labor to check on eligibility requirements, I used a service called Claimyr (claimyr.com) that helped me reach an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really saved me time instead of calling all day and getting busy signals.
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Luis Johnson
•Thanks, I'll pass that along to her if she has trouble getting through to them directly.
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Miguel Harvey
THE SYSTEM IS SO CONFUSING!! why can't they just have a simple list of who can and can't apply instead of making everyone guess if they qualify or not. I spent weeks worried I couldn't file only to find out I was eligible the whole time.
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Mohammad Khaled
•I know right? The website makes it sound like almost nobody qualifies but most people who lost their job through no fault of their own can file
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Fiona Sand
Bottom line - if your friend was fired from a regular W-2 job and it wasn't for serious misconduct, she should definitely try filing a claim. NYS Department of Labor will review her case during adjudication and make the final determination. It's better to apply and potentially get denied than not apply at all and miss out on benefits she's entitled to.
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