What disqualifies you for unemployment - need to understand NYS Department of Labor rules
I'm worried I might get disqualified from my unemployment benefits and I want to understand what can actually disqualify you. My friend mentioned something about being fired for misconduct but I'm not sure what that means exactly. I was let go from my retail job last month for attendance issues - I had to miss work a few times because my car broke down and I couldn't get there. My manager said it was 'excessive absences' but I tried to call in when I could. Does this count as misconduct that would disqualify me? What other things can disqualify you from getting unemployment in New York? I'm really stressed about this because I need these benefits to pay rent.
15 comments
Join the conversation
Max Knight
The main things that disqualify you for unemployment in NY are: 1) Being fired for misconduct (willful violations of company policy), 2) Quitting without good cause, 3) Refusing suitable work, 4) Not meeting work search requirements, 5) Being unavailable for work, and 6) Fraud. For attendance issues, it depends on whether NYS Department of Labor considers it misconduct. If you had legitimate reasons and tried to follow company procedures for calling out, it might not be misconduct.
0 coins
Madeline Blaze
•That's helpful thank you. I did try to call in when my car wouldn't start but maybe I should have done more? I'm just worried they'll say it was my fault.
0 coins
Emma Swift
honestly the unemployment system is so messed up they'll find any reason to deny you. i got disqualified for 'misconduct' when i was late a couple times because of the subway. had to appeal and everything
0 coins
Isabella Tucker
•Did you win your appeal? I've been thinking about appealing my disqualification but I'm not sure if it's worth the hassle.
0 coins
Emma Swift
•yeah i won but it took like 2 months and a hearing. was stressful but needed the money
0 coins
Jayden Hill
If you're having trouble getting through to NYS Department of Labor to check on your claim status or discuss the attendance issue, I used a service called Claimyr (claimyr.com) that helped me reach an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. It was super easy and I finally got answers about my adjudication that had been pending for weeks. Might be worth trying if you can't get through on your own.
0 coins
LordCommander
•Never heard of that before, does it actually work? I've been trying to call for days and keep getting hung up on.
0 coins
Jayden Hill
•Yeah it worked for me. I was skeptical too but I was desperate to talk to someone about my claim.
0 coins
Lucy Lam
Also worth noting - even if you get disqualified initially, you can often still collect benefits after serving a penalty period. Like if it's misconduct but not gross misconduct, you might be disqualified for a certain number of weeks but then become eligible again. The key is to keep filing your weekly claims even during adjudication.
0 coins
Madeline Blaze
•Oh I didn't know that! So I should keep filing even if they're investigating the attendance thing? I was worried it would hurt my case somehow.
0 coins
Lucy Lam
•Yes definitely keep filing. If you don't file weekly claims you could lose benefits for those weeks even if you're eventually approved.
0 coins
Aidan Hudson
my cousin got disqualified for not doing enough job searches... make sure you're keeping track of that stuff too
0 coins
Max Knight
Good point about job searches. You need to be doing at least 3 job search activities per week and keeping detailed records. This includes applying for jobs, networking activities, attending job fairs, etc. The NYS Department of Labor can audit your job search log at any time so keep good documentation.
0 coins
Zainab Ahmed
I went through something similar with attendance issues and car problems. The key thing that helped my case was that I had documentation - text messages to my supervisor about the car trouble, repair receipts showing when it was in the shop, and proof I was trying to find alternative transportation. NYS DOL looks at whether you made a good faith effort to maintain your job despite the circumstances. If you have any records of communicating with your manager about the car issues or trying to arrange rides/alternative transportation, gather all of that. It shows the absences weren't just careless but due to legitimate transportation barriers.
0 coins
Amina Diallo
•That's really good advice about documentation! I wish I had kept better records at the time. I did text my manager a few times about my car breaking down but I'm not sure if I still have those messages. Do you think it's worth trying to recover old texts or get receipts from the mechanic even now? I'm wondering if it's too late to gather that kind of evidence since I already filed my claim.
0 coins