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Raúl Mora

What can prevent you from getting NYS Department of Labor unemployment benefits?

I got laid off two weeks ago and my friend said I might not qualify for unemployment because of some things on my record. I'm really worried now and don't know what could disqualify me. I had a part-time job while collecting benefits about 3 years ago but I reported all my hours like I was supposed to. Also got fired from a job in 2019 for attendance issues but that was years ago. What are the main things that can prevent you from getting unemployment benefits through NYS Department of Labor? I really need this money to pay rent.

There are several common reasons NYS Department of Labor might deny your claim. The main ones are: being fired for misconduct, quitting without good cause, refusing suitable work, not meeting work requirements (you need to have worked in at least 2 quarters and earned enough wages), or failing to meet weekly requirements like job searching. Your 2019 firing might not matter depending on the specific reason, and if you properly reported part-time work previously that shouldn't be an issue. The key is whether your most recent job separation was through no fault of your own.

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Thanks, that makes me feel a bit better. My recent layoff was definitely not my fault - whole department got eliminated. Should I mention the old firing when I file or just answer honestly if they ask?

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You need to answer all questions honestly when filing. NYS Department of Labor will see your work history anyway through wage records. The attendance firing from 2019 probably won't affect your current claim since it's not your most recent separation. Focus on documenting that your layoff was due to lack of work, not performance issues. Save any emails or notices about the department closure.

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This is good advice. I had an old firing too and it didn't matter for my recent claim. They only care about why you lost your most recent job.

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I've been trying to reach NYS Department of Labor for weeks about my claim status and it's impossible to get through. If you need to talk to someone about potential issues with your eligibility, I found this service called Claimyr (claimyr.com) that actually gets you connected to NYS Department of Labor agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling and getting hung up on. Worth checking out if you run into problems during the application process.

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How much does something like that cost? I'm already worried about money.

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It's pretty reasonable considering how much time it saves versus calling all day. Much cheaper than missing out on benefits because you can't get answers to your questions.

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Other things that can disqualify you: not being able and available to work, not actively searching for jobs (you need to make at least 3 job search contacts per week), refusing job referrals from NYS Department of Labor, or having an open Workers' Comp claim. Also if you're receiving certain other benefits or severance pay it might affect your eligibility. The system is pretty strict about the requirements.

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Wait, I did get a small severance package. Does that automatically disqualify me or just delay when I can start collecting?

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Severance usually delays your benefits rather than disqualifying you completely. NYS Department of Labor will calculate how many weeks the severance covers based on your weekly benefit amount.

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honestly the whole system is designed to trip you up and deny claims. they'll find any excuse to say no. even if you qualify they'll put you through adjudication hell for months. just be prepared for a fight

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That's not helping anyone. Yes the system has issues but most legitimate claims do get approved eventually.

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File your claim as soon as possible even if you're not sure about eligibility. It's better to apply and get denied than to wait and miss out on benefits you're entitled to. The worst they can say is no, but if you don't apply you definitely won't get anything.

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