What are reasons to get unemployment benefits from NYS Department of Labor?
I'm trying to understand all the different situations where someone can qualify for unemployment benefits in NY. I know you can get it if you get fired or laid off, but what about other situations? Like if you quit because of harassment or unsafe conditions? Or if your hours get cut way down? My friend said there's something called constructive dismissal but I'm not sure what that means. Also wondering about seasonal workers and people who work temp jobs. Can anyone break down the main reasons NYS Department of Labor approves claims? I want to make sure I understand this before I potentially need to file.
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Freya Larsen
There are several qualifying reasons for unemployment benefits in NY. The main categories include: involuntary job loss (layoffs, business closures, being fired for non-misconduct reasons), reduction in work hours below full-time that affects your wages significantly, and certain voluntary quits with good cause like unsafe working conditions, harassment, or substantial changes to your job duties or pay. You also mentioned constructive dismissal - that's when working conditions become so intolerable that a reasonable person would feel forced to quit. NYS Department of Labor evaluates each case individually to determine if the circumstances meet their criteria for good cause.
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Ravi Sharma
•Thanks! What counts as 'misconduct' that would disqualify you? And how do you prove things like harassment or unsafe conditions?
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Omar Hassan
Don't forget about partial unemployment too! If your employer cuts your hours but doesn't lay you off completely, you might still qualify for reduced benefits. You have to be working less than 4 days a week or earning less than your weekly benefit amount. I had this happen when my restaurant cut everyone's shifts during slow season and I was able to get partial unemployment to make up some of the difference.
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Chloe Taylor
•Yes this is huge! A lot of people don't realize you can get partial benefits. Just make sure to report your reduced earnings when you file your weekly claim.
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ShadowHunter
what about if you quit because your boss was making you do illegal stuff? like asking you to falsify records or work off the clock without pay? that should count as good cause right??
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Freya Larsen
•Yes, being asked to perform illegal activities or violate labor laws would typically qualify as good cause for quitting. You'd need to document these requests and show you tried to address the issues with your employer first when possible.
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Diego Ramirez
The system is so confusing though. I quit my job last year because my manager was constantly screaming at people and creating a hostile work environment, but NYS Department of Labor denied my claim saying I didn't have 'good cause.' Meanwhile my coworker who got fired for being late all the time got approved! Sometimes it feels totally arbitrary what they approve.
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Omar Hassan
•Did you appeal the decision? Sometimes the initial determination gets overturned if you can provide more documentation about the hostile work environment. You usually have 30 days to file an appeal.
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Anastasia Sokolov
•If you're having trouble reaching NYS Department of Labor to discuss your case or get clarification on a denial, you might want to check out claimyr.com - they help people get through to actual agents when the phone lines are jammed. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I used it when I was stuck in adjudication hell and couldn't get anyone on the phone for weeks.
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Chloe Taylor
Also keep in mind you need to have worked long enough and earned enough wages in your base period to qualify, regardless of the reason you're unemployed. I think it's something like you need wages in at least 2 quarters of your base period and meet minimum earning requirements.
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Sean O'Connor
My sister got unemployment when her company relocated to another state and she couldn't move with them. That counted as a layoff even though technically they offered her the job in the new location. So relocation can be another reason if it's unreasonable for you to follow the job.
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Lilly Curtis
For seasonal workers and temp employees, you can typically qualify for unemployment benefits between assignments or seasons as long as you meet the wage and work history requirements. The key is that you need to be available and actively seeking work. For seasonal workers, NYS DOL recognizes that your work is inherently temporary, so you're not penalized for the cyclical nature of your employment. Temp workers can collect benefits between assignments if there's no reasonable expectation of returning to work with the temp agency soon. Just make sure to register with the temp agency as available for new assignments to show you're actively seeking work.
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Yara Elias
•This is really helpful info about seasonal and temp work! I didn't realize you could get benefits between temp assignments. Do you know if there's a waiting period between when one temp job ends and when you can start collecting? Also, what if the temp agency says they have work available but it's like way below your usual pay rate or in a completely different field - are you required to take it or can you refuse and still keep benefits?
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