Should I take a lower paying job while on NYS Department of Labor unemployment?
I've been collecting unemployment for about 8 weeks now and just got offered a job that pays $18/hour. Problem is my previous job paid $26/hour and my weekly benefit amount is $420. The new job would only give me about $720 a week gross (maybe $580 take home). I know I'm supposed to be actively job searching but this feels like a huge step backwards financially. Will NYS Department of Labor penalize me if I turn down this offer? I'm really confused about what constitutes 'suitable work' and whether I have to take any job offered to me. My adjudication period ended last month so my benefits are flowing normally now.
13 comments


Kirsuktow DarkBlade
You're not required to take just any job offer. NYS Department of Labor has specific guidelines about 'suitable work' that consider your previous wage, skills, and work experience. Generally, during the first few weeks of unemployment, suitable work means jobs that pay at least 80% of your previous wage. After 13 weeks, that threshold can drop. Since you're only at 8 weeks, a job paying $18/hour when you previously made $26/hour might not be considered suitable work. You should document the offer and your reasons for declining it in case NYS Department of Labor asks.
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Sienna Gomez
•Thank you! That's really helpful. Should I report this job offer when I file my weekly claim this Sunday? I don't want to get in trouble for not mentioning it.
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ElectricDreamer
•Yes, you should definitely report the job offer when you file your weekly claim. Be honest about it - mention that you received an offer for $18/hour but declined it because it was significantly below your previous wage of $26/hour. NYS DOL actually wants this information to show you're actively receiving interest from employers. As long as you can justify why it wasn't suitable work (which at 8 weeks and such a big pay cut, you can), you should be fine. Transparency is always better than trying to hide it.
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Abigail bergen
I was in a similar situation last year. Turned down two jobs that were way below my previous salary and NYS Department of Labor never questioned it. As long as you're doing your required job searches and can show you're looking for appropriate work, you should be fine. Just keep records of everything.
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Ahooker-Equator
•How many job searches are we supposed to be doing each week? I thought it was 3 but someone told me it changed to 4?
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Kirsuktow DarkBlade
•It's 3 work search activities per week unless you're in a reemployment program that requires more. You can verify this in your my.ny.gov account under the work search requirements section.
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Anderson Prospero
honestly i'd probably take it if the benefits are good, you never know when unemployment might get cut off and at least you'd have steady income coming in. better safe than sorry imo
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Sienna Gomez
•The benefits aren't great and there's no room for advancement. I'm worried I'd get stuck there and miss out on better opportunities.
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Tyrone Hill
I had trouble reaching NYS Department of Labor when I had questions about suitable work requirements. Kept getting busy signals and their online chat was useless. Finally found this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Turned out I didn't have to take a job that was 40% less than my previous salary. Might be worth checking with them if you want official guidance on your specific situation.
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Toot-n-Mighty
•never heard of that but anything that helps get through to DOL sounds useful, those phone lines are impossible
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Lena Kowalski
The whole system is designed to push people into taking crappy jobs so they can get you off the unemployment rolls. They'll tell you it's about 'suitable work' but really they just want to save money. Document everything and know your rights.
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Kirsuktow DarkBlade
•While the system can be frustrating, NYS Department of Labor does have legitimate suitable work protections. It's worth understanding the actual rules rather than assuming the worst.
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Raúl Mora
I'm new to this community and just started collecting unemployment myself after being laid off from my marketing job. This is really helpful information - I had no idea about the 80% rule for the first 13 weeks! I'm saving this thread because I'm sure I'll need to reference it. Quick question though - when you document job offers you decline, what's the best way to do that? Should I keep emails, write down details, or is there a specific form NYS DOL wants us to use? Thanks for sharing your experience!
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