What are reasons you can get unemployment benefits through NYS Department of Labor?
I'm trying to figure out if I qualify for unemployment benefits in New York. My job ended last month and I'm not really sure what situations actually make you eligible. I know you have to lose your job through no fault of your own, but what does that actually mean? Like if you get fired for poor performance, does that count? What about if you quit because your boss was making your life miserable? I've been working for the past 2 years so I think I meet the work requirements, but I want to make sure I understand all the different ways you can qualify before I file my claim with NYS Department of Labor.
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Sydney Torres
The main qualifying reasons for NY unemployment are: laid off due to lack of work, company downsizing or closure, seasonal job ending, fired for reasons other than misconduct, reduction in hours, or constructive discharge (forced to quit due to intolerable working conditions). You generally DON'T qualify if you were fired for misconduct, quit without good cause, or are self-employed. There are also work and wage requirements - you need sufficient work history in your base period.
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Alfredo Lugo
•Thanks! What exactly counts as misconduct though? Is being late a few times enough to disqualify you?
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Kaitlyn Jenkins
I got approved after being laid off when my company had budget cuts. The process was pretty straightforward since it was clearly not my fault. But I know someone who got denied because they were fired for violating company policy repeatedly. NYS Department of Labor is pretty strict about the misconduct thing.
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Caleb Bell
•Yeah my cousin got denied for missing too much work without calling in. They said it was willful misconduct.
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Danielle Campbell
If you're having trouble getting through to NYS Department of Labor to ask about your specific situation, I used a service called Claimyr that helped me actually reach a real person. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I was stuck for weeks trying to get someone on the phone to explain my eligibility.
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Alfredo Lugo
•How much does something like that cost? I'm already tight on money since losing my job.
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Danielle Campbell
•They focus on the value rather than cost. For me it was worth it just to get a real answer instead of sitting on hold for hours.
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Rhett Bowman
wait can you get unemployment if you quit?? i thought you couldn't get anything if you quit your job voluntarily
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Sydney Torres
•You can in specific situations like constructive discharge, domestic violence, or unsafe working conditions. But the bar is pretty high - you need documentation and proof that quitting was your only reasonable option.
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Abigail Patel
The system is so confusing! I got unemployment when my restaurant closed permanently during covid but my friend got denied when she was fired from retail for 'attitude problems.' Sometimes it feels like they just pick and choose randomly.
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Kaitlyn Jenkins
•It's not random, but the line between fireable offense and misconduct can be blurry. Attitude problems might not rise to the level of misconduct unless it was really severe or documented.
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Daniel White
Also remember you need to have earned enough wages during your base period and be able and available to work. They'll check your work history going back about 18 months to see if you meet the financial requirements.
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