What are valid excuses for not accepting suitable work for NYS Department of Labor unemployment benefits?
I'm on unemployment right now and got offered a job through a temp agency that's about 45 minutes away with no benefits and pays $3 less per hour than my previous position. The job posting says it could become permanent but there's no guarantee. I'm worried if I turn this down NYS Department of Labor will say I refused suitable work and cut off my benefits. What counts as a valid reason for refusing work? I've been looking for something closer to home in my field but haven't found anything yet. Has anyone dealt with this situation before?
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Melody Miles
NYS Department of Labor has specific guidelines for what constitutes suitable work. Generally you can refuse a job if the wages are substantially lower than your previous position, if it requires unreasonable travel time, or if working conditions are unsafe. A 45 minute commute might be considered excessive depending on your circumstances. The pay being $3/hour less could also be a factor, especially early in your claim period.
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Jace Caspullo
•That's helpful, thank you! Do you know if there's a specific percentage or dollar amount that counts as substantially lower wages?
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Nathaniel Mikhaylov
I had a similar situation last year. NYS Department of Labor told me that during the first few weeks of benefits, you can be more selective about wages and location. As time goes on, they expect you to lower your standards somewhat. Document everything - the job offer details, your reasoning for declining, and keep applying to other positions to show you're actively searching.
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Eva St. Cyr
•How did you document your reasoning? Did you have to submit something formal to NYS Department of Labor or just keep personal records?
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Nathaniel Mikhaylov
•I kept personal records and also noted it in my job search log. When I had my phone appointment they asked about any job offers I'd received and I explained my reasoning then.
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Kristian Bishop
honestly the whole system is rigged against us... they want us to take ANY job no matter how terrible just so they dont have to pay benefits anymore. 45 minutes away with no guarantee of permanent work?? thats ridiculous but they'll probably still penalize you for refusing
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Melody Miles
•While the system can be frustrating, NYS Department of Labor does have legitimate protections for claimants. It's not just about taking any job - there are real standards for what constitutes suitable work.
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Kaitlyn Otto
If you're having trouble getting through to NYS Department of Labor to discuss this situation, I used a service called Claimyr that helped me reach an actual agent to clarify my job search requirements. You can check them out at claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Sometimes it's worth talking to someone directly about these gray area situations before making a decision.
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Jace Caspullo
•Thanks for the suggestion! I've been trying to call for days but keep getting the busy signal or getting disconnected.
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Axel Far
Valid reasons usually include wages significantly below your previous job, excessive travel time, unsafe working conditions, hours that conflict with another job, or if you lack necessary qualifications despite what the employer thinks. Keep detailed records of any offers you receive and your reasons for declining.
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Jasmine Hernandez
wait so if the pay is lower you can refuse? I thought once you're on unemployment you have to take whatever is offered or lose benefits
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Melody Miles
•Not exactly - there are protections in place. You can't be forced to take a job that pays significantly less than your previous work, especially early in your claim period. The key is what constitutes 'significantly less' and that can vary by situation.
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Nia Harris
I went through something very similar a few months ago. NYS Department of Labor considers several factors for "suitable work" including the wage compared to your previous job, travel distance, and whether you have the skills/experience for the position. A 45-minute commute each way plus $3/hour less pay would likely be valid reasons to decline, especially if you're still early in your benefit period. When I declined a similar offer, I made sure to document everything - the job details, why it wasn't suitable, and continued my active job search. I didn't face any penalties. The key is being able to justify your decision if they ask during your certification calls.
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Diego Castillo
•This is really reassuring to hear from someone who actually went through it! Did you have to provide any formal documentation to NYS Department of Labor about why you declined, or was it enough to just explain verbally during your certification? I'm worried about having everything properly documented in case they question my decision later.
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