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Dominique Adams

What are valid reasons to get unemployment benefits through NYS Department of Labor?

I'm trying to figure out if I qualify for unemployment benefits and want to make sure I understand all the valid reasons to get unemployment through NYS Department of Labor. I know being laid off counts, but what about other situations? Can you get UI if you quit for certain reasons? What about if your hours get cut drastically? I've heard people mention things like constructive dismissal but I'm not sure what that means. Also wondering about seasonal work situations and whether temp jobs ending qualify. Any help understanding the different scenarios would be really appreciated since I don't want to file if I'm not eligible.

Marilyn Dixon

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The main reasons NYS Department of Labor approves unemployment claims are: 1) Involuntary separation (layoffs, business closure, position elimination) 2) Discharge for reasons other than misconduct 3) Quitting for good cause (unsafe working conditions, harassment, significant change in job duties/pay) 4) Reduction in hours below part-time threshold 5) Temporary layoffs with expected recall date. You generally DON'T qualify if you quit without good cause, were fired for misconduct, or are self-employed.

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Thanks! What exactly counts as 'good cause' for quitting? Is it pretty strict about that?

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Good cause is pretty specific - things like documented harassment, unsafe work environment that employer won't fix, major changes to your job that weren't in original agreement (like 50% pay cut or completely different duties), or needing to move due to spouse's job transfer. Just being unhappy with your boss or not liking the work usually won't qualify.

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TommyKapitz

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What about if they change your schedule to something you can't work? Like if you have kids and they suddenly make you work nights?

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Marilyn Dixon

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Schedule changes can qualify as good cause if they're significant and you can prove you can't accommodate them due to childcare, transportation, or other legitimate reasons. You'd need to document that you tried to work it out with employer first.

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Been through this whole process twice. Besides the obvious layoff situation, I got approved when my hours got cut from 40 to under 15 per week. NYS Department of Labor considers that a significant reduction. Also my friend got benefits when her company relocated 60+ miles away and she couldn't move - that counted as constructive dismissal.

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That's helpful to know about the hours reduction! How long did it take for your claim to get approved?

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Payton Black

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One thing people don't realize is that even if you think you might not qualify, it's sometimes worth applying anyway. I thought I wouldn't get benefits because I was fired, but it turned out my employer couldn't prove it was for misconduct, so my claim got approved during adjudication. The worst they can do is deny you.

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Harold Oh

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This! And if you get denied you can always appeal. Just make sure you file within the time limits.

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Amun-Ra Azra

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If you're having trouble getting through to NYS Department of Labor to ask about your specific situation, I had luck using Claimyr (claimyr.com) to actually reach an agent. They have this system that calls for you and gets you connected to a real person. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped me get clarity on whether my situation qualified before I filed.

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Never heard of that service before. Did they charge you anything?

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Amun-Ra Azra

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Yeah there's a fee but honestly it was worth it to avoid sitting on hold for hours. Plus I got my question answered in like 20 minutes instead of days of trying to call myself.

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Harold Oh

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also seasonal workers usually qualify when the season ends, and temp workers qualify when their assignment ends if theyre not immediately placed somewhere else. the key is you have to be able and available to work and actively looking for new employment

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Harper Hill

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Just want to add a few more scenarios that qualify - if you're dealing with domestic violence and need to leave your job for safety reasons, that's considered good cause. Also, if you have a medical condition that prevents you from doing your specific job duties (but you can still work other jobs), you may qualify. And for anyone wondering about part-time work - you can sometimes collect partial benefits if you're working reduced hours, as long as your weekly earnings don't exceed your benefit amount. The system is more flexible than people think in certain situations.

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