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Ethan Moore

What disqualifies you for unemployment in NY? Just got denied and confused

I just received a letter from NYS Department of Labor saying my unemployment claim was denied but they didn't really explain WHY clearly. The letter mentions something about 'misconduct' but I honestly don't understand what I supposedly did wrong. I was laid off from my retail job after the store closed down due to poor sales. I thought that would automatically qualify me for benefits. Can someone explain what actually disqualifies you for unemployment in New York? I'm really stressed because I need these benefits to pay my rent.

There are several reasons NYS Department of Labor can disqualify you for unemployment benefits. The main ones are: 1) Voluntary quit without good cause, 2) Misconduct at work (like stealing, fighting, excessive absences), 3) Refusing suitable work offers, 4) Not meeting work search requirements, 5) Being fired for gross misconduct, 6) Not being able and available to work. If your store closed due to poor sales, that should qualify you unless there's something else in your work history they're looking at. Did you have any disciplinary issues before the closure?

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Ethan Moore

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I did have a few write-ups for being late but nothing major. Maybe that's what they're calling misconduct? I was never fired though, the whole store shut down.

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Carmen Vega

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honestly the nys department of labor system is so confusing, they denied me too even though i was clearly laid off. sometimes they mix up your cases or look at old jobs instead of your most recent one

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This is exactly why you need to appeal the decision! Don't just accept the denial. You have 30 days from the date on the letter to file an appeal. If you were truly laid off due to store closure, you should be eligible. The tardiness issues from before shouldn't disqualify you if the separation reason was layoff.

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Andre Moreau

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I had a similar situation where I couldn't get through to anyone at NYS Department of Labor to explain my denial. After weeks of busy signals and dropped calls, someone recommended I try Claimyr at claimyr.com - it's a service that helps you actually reach unemployment agents. I watched their demo video at https://youtu.be/qyftW-mnTNI and decided to try it. They got me connected to an agent who explained exactly why I was denied and helped me understand the appeal process. Might be worth checking out if you can't get through on your own.

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Ethan Moore

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Thank you! I've been calling for days with no luck. I'll definitely look into that service.

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Zoe Stavros

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never heard of that but anything's better than sitting on hold for 3 hours just to get disconnected

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Jamal Harris

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THE WHOLE SYSTEM IS DESIGNED TO DENY PEOPLE! They look for ANY excuse to not pay benefits. I bet they're using your attendance issues as an excuse even though it has nothing to do with why you lost your job. You need to FIGHT this and appeal immediately!

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Mei Chen

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I feel you on the frustration but OP still needs practical advice. The appeal is definitely the right move here.

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Carmen Vega

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Just want to add that even if you had some tardiness issues, that usually falls under 'simple misconduct' which might get you a temporary disqualification but not a permanent one. If the store closure was the actual reason you lost your job, you should definitely appeal. Make sure you have documentation about the store closing.

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Ethan Moore

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Good point about getting documentation. I should probably contact my old manager to get something in writing about the store closure.

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