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Ivanna St. Pierre

Valid reasons for collecting unemployment benefits from NYS Department of Labor - need clarification

I'm trying to understand all the legitimate reasons for collecting unemployment in NY. I know about being laid off obviously, but what about other situations? My friend mentioned something about reduced hours qualifying, and I've heard people talk about quitting for 'good cause' but I don't really understand what that means. Can someone break down the main reasons NYS Department of Labor will approve UI benefits? I want to make sure I understand the rules before I potentially need to file.

Elin Robinson

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The main qualifying reasons are: 1) Involuntary separation (laid off, terminated without misconduct), 2) Reduction in hours/wages below your benefit rate, 3) Quitting with good cause (unsafe working conditions, harassment, significant schedule changes), 4) Temporary layoffs with return date, 5) Some medical situations. You have to be able and available for work and actively seeking employment for most of these.

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Thanks! What counts as 'misconduct' that would disqualify you? Is being late a few times considered misconduct by NYS Department of Labor?

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Elin Robinson

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Misconduct is usually willful violations of company policy or criminal activity. Being late occasionally probably won't disqualify you unless it was excessive and you were warned multiple times.

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don't forget about partial unemployment if your hours get cut but you're still working some. you can collect benefits for the difference if you make less than your weekly benefit amount

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Beth Ford

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Wait really? I didn't know you could get unemployment while still working! How does that work with the job search requirement?

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With partial unemployment you still need to certify weekly and be available for additional work, but the job search requirements are usually reduced since you're already employed. Check with NYS Department of Labor for specifics.

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I had issues reaching NYS Department of Labor when I needed clarification on my situation last year. If you can't get through on the phone (which happens a lot), I found claimyr.com really helpful. They have this video demo at https://youtu.be/qyftW-mnTNI that shows how their service works to connect you with actual NYS Department of Labor agents. Saved me hours of trying to call.

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Joy Olmedo

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How much does something like that cost though? Seems like you shouldn't have to pay to talk to a government agency.

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I get that frustration, but when you really need answers and can't get through any other way, having options helps. The alternative was sitting on hold for hours with no guarantee of getting through.

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Isaiah Cross

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Also remember about standby status if you're temporarily laid off with a specific return date. That's different from regular UI and has different requirements. And if you're in a union, there might be additional considerations for work sharing programs.

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What's the difference between standby and regular unemployment? Do you still have to do job searches on standby?

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Joy Olmedo

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The system is so confusing honestly. I applied last month and they're asking for all this documentation about why I left my job when I thought being laid off was straightforward. Now I'm in adjudication for weeks.

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Elin Robinson

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Adjudication can take time especially if there's any question about the circumstances. Make sure you respond to any requests for information quickly to avoid delays in your claim processing.

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