What can get you denied for unemployment benefits in NY - need to understand disqualification reasons
My supervisor called me into the office yesterday and basically gave me an ultimatum about changing my schedule to nights permanently or finding another job. I've been working days for 3 years and this would completely mess up my family situation. If I refuse and they let me go, will NYS Department of Labor deny my unemployment claim? I keep hearing different things about what can get you denied and I'm really stressed about this. What are the main reasons they disqualify people? I can't afford to be without income right now.
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Saanvi Krishnaswami
There are several main reasons NYS Department of Labor can deny unemployment benefits. The big ones are: voluntary quit without good cause, misconduct (like fighting, stealing, or repeated policy violations), refusing suitable work, not meeting work search requirements, and not being available for work. In your case, if you refuse the schedule change and they terminate you, it would likely be considered involuntary termination which should qualify you for benefits. Just document everything - emails, written notices, etc.
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Reina Salazar
•That's helpful, thank you. Should I try to negotiate with them first or just document the conversation I already had?
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Demi Lagos
I got denied initially because they said I was fired for misconduct when really I was just 10 minutes late a few times due to bus delays. Had to appeal and provide documentation showing the bus schedule issues. NYS Department of Labor can be really strict about attendance stuff. Make sure you keep records of everything and don't just quit without trying to work something out first.
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Mason Lopez
•How long did your appeal take? I'm dealing with something similar right now.
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Vera Visnjic
honestly the whole system is designed to deny people. they'll find ANY excuse. was late 3 times in 6 months? DENIED. couldn't work overtime because of childcare? DENIED. it's ridiculous how they expect people to be perfect employees but then treat you like garbage when you need help
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Saanvi Krishnaswami
•While the system can be frustrating, there are legitimate reasons for denials and many successful appeals happen when people have proper documentation.
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Jake Sinclair
If you're having trouble reaching someone at NYS Department of Labor to discuss your specific situation, I used a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. It was really helpful when I needed to explain my termination circumstances and make sure I filed correctly to avoid a denial.
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Brielle Johnson
•Never heard of this before but might be worth trying. The phone lines are always busy when I call.
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Honorah King
Also watch out for the work search requirements! You need to be actively looking for work and keeping a log. Missing even one week of job searches can get your benefits stopped. And if they offer you a job that's considered 'suitable' and you turn it down, that's another way to get denied.
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Reina Salazar
•Good point about the job search log. How many jobs do you have to apply for each week?
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Honorah King
•I think it's 3 work search activities per week but check the NYS Department of Labor website for current requirements since they change sometimes.
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Mason Lopez
Same thing happened to my friend last year - they wanted to change her from day shift to overnight and she couldn't do it because of her kids. She documented the whole thing and when they fired her she got approved for unemployment. The key is showing you didn't just quit.
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Amina Bah
The schedule change situation you're describing sounds like constructive dismissal - when an employer makes your working conditions so unreasonable that you're essentially forced to quit. In NY, if you can show that refusing the schedule change was reasonable (like having family obligations or other legitimate hardship), and they terminate you for it, that should qualify as involuntary separation. Just make sure to get everything in writing - ask for the schedule change demand via email, document your response explaining why it's not feasible, and keep records of the termination if it happens. This paper trail will be crucial if you need to file for benefits or appeal a denial.
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Anastasia Sokolov
•This is really good advice about constructive dismissal - I hadn't heard that term before but it sounds exactly like what's happening to me. Should I send an email to my supervisor asking them to put the schedule change ultimatum in writing, or would that seem confrontational? I'm worried about making things worse but I also want to protect myself if this goes badly.
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