What disqualifies you from getting unemployment benefits in NYS?
I'm thinking about filing for unemployment but want to make sure I won't be automatically disqualified. My last job ended kind of messy - I had some attendance issues and my supervisor said I was terminated for cause but HR said it was a layoff when they gave me my final paperwork. I'm really confused about what actually disqualifies you from getting NYS Department of Labor benefits. Can someone explain the main reasons they'll deny your claim?
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Malik Davis
The main disqualifications for NYS unemployment benefits are: 1) Being fired for misconduct (willful violations of company policy), 2) Quitting without good cause, 3) Refusing suitable work without good reason, 4) Not meeting work search requirements, and 5) Being unavailable for work. Attendance issues can be tricky - if it was due to circumstances beyond your control, you might still qualify. The key is whether NYS Department of Labor considers it misconduct.
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Emma Thompson
•Thanks! So if my attendance was because of car problems and I tried to work with my supervisor on it, that might not count as misconduct?
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Isabella Santos
i got denied once for job abandonment when i stopped showing up to work but that was different than getting fired. sounds like your situation is more complicated since hr and your supervisor are saying different things
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StarStrider
You should definitely file anyway. Even if there's a question about the reason for separation, NYS Department of Labor will investigate during the adjudication process. They'll contact both you and your employer to get the facts. If there's conflicting information like you described, they'll make a determination based on all the evidence. The worst that happens is you get denied and can appeal.
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Ravi Gupta
•This is good advice. I was worried about filing when I wasn't sure if I'd qualify, but my friend said you should always try since the adjudication process sorts it out.
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Freya Pedersen
I had a similar situation last year where I was having trouble reaching NYS Department of Labor to check on my claim status during adjudication. Kept getting busy signals and long hold times. Finally found this service called Claimyr that helps you get through to actual agents at claimyr.com. They have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Really helped me get answers about my disqualification issue quickly instead of waiting weeks.
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Emma Thompson
•Never heard of that but might be worth checking out if I run into issues getting through to someone.
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Omar Hassan
Also remember you have to be actively looking for work and available to accept suitable employment. That means registering with the job search system and documenting your search activities. Missing those requirements can disqualify you even if your initial separation was legitimate.
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Chloe Anderson
The whole system is so confusing! I never know if I'm doing the job search part right. How many jobs do you have to apply to each week?
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Malik Davis
•You need to make at least 3 work search activities per week in NY. This can include applying for jobs, attending job fairs, networking events, or reemployment services. Keep detailed records of everything you do.
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Alice Pierce
One thing that might help your case is that you mentioned HR said it was a layoff while your supervisor said termination for cause. That discrepancy could work in your favor during the adjudication process. When you file, make sure to explain the attendance issues were due to car problems and that you tried to work with your supervisor on solutions. Document everything you can remember about those conversations. The NYS Department of Labor looks at whether the employer followed progressive discipline policies and if you made good faith efforts to address the issues. Since there's conflicting information from your former employer, they'll have to provide documentation to support their position.
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Steven Adams
•That's really helpful to know about the discrepancy potentially working in my favor! I didn't think about documenting those conversations with my supervisor about trying to work around the car issues. Do you know if text messages or emails count as good documentation, or does it need to be something more formal? I'm pretty sure I have some messages where I was explaining the situation and asking about flexible start times.
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