What are the main reasons to get denied unemployment benefits by NYS Department of Labor?
I'm helping my sister understand why her unemployment claim might get rejected. She's worried about applying because she heard there are lots of ways NYS Department of Labor can deny you. Can someone explain the most common reasons people get their claims denied? She quit her last job because her boss was making the workplace really toxic, but I'm not sure if that counts as good cause. Also what happens if you get denied - can you appeal it?
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Kelsey Hawkins
The main reasons NYS Department of Labor denies claims are: 1) You quit without good cause 2) You were fired for misconduct 3) You're not able and available to work 4) You don't meet wage requirements 5) You refuse suitable work offers. For quitting, you need to prove 'good cause' which is pretty strict - unsafe conditions, harassment, significant changes to job duties/pay. Toxic workplace might qualify if she documented it properly.
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Harper Collins
•She didn't really document anything unfortunately. Does that mean she has no chance? The boss was verbally abusive but no witnesses really.
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Dylan Fisher
i got denied first time for 'voluntary quit' even tho my manager was horrible. had to appeal and it took forever but eventually won. the key is proving constructive discharge - that working conditions were so bad any reasonable person would quit
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Edwards Hugo
Don't forget about the work search requirements! Even if you get approved initially, you can lose benefits later if you don't do the required job searches each week. NYS Department of Labor requires 3 work search activities per week and you have to keep detailed records. Also if you turn down any job offers that are considered 'suitable work' they'll cut off your benefits.
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Gianna Scott
•Wait what counts as suitable work? Can they force you to take a job that pays way less than your old one?
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Edwards Hugo
•Generally suitable work means jobs in your field paying at least 80% of your previous wage for the first 10 weeks, then it drops to 70%. But there are exceptions based on commute distance and your skills.
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Alfredo Lugo
THE SYSTEM IS DESIGNED TO DENY PEOPLE!! I've seen people get denied for the stupidest reasons. They'll find ANY excuse to save money. Your sister should be prepared to fight because they deny everyone first then make you prove your case. It's ridiculous how they treat people who paid into the system for years.
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Sydney Torres
If she does get denied, yes she can absolutely appeal. You have 30 days from the determination date to file an appeal with NYS Department of Labor. The appeal goes to an administrative law judge who reviews the case independently. I've had good luck reaching actual agents to discuss my case by using a service called Claimyr (claimyr.com) - they help you get through to NYS Department of Labor phone agents instead of waiting on hold forever. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works.
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Kaitlyn Jenkins
•omg thank you for mentioning claimyr! i've been trying to call NYS Department of Labor for weeks about my adjudication and can never get through. definitely checking this out
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Harper Collins
•That sounds helpful! My sister has been dreading having to call if she gets denied. How long do appeals usually take to get resolved?
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Dylan Fisher
appeals can take 2-3 months easily, sometimes longer if they're backed up. but if you win the appeal you get all the back pay from when you should have been getting benefits. just make sure to keep filing weekly claims even while appealing or you'll lose those weeks forever
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