What disqualifies you from getting unemployment in New York - confused about NYS Department of Labor rules
I'm trying to figure out if I should even bother applying for unemployment benefits. My job situation is complicated and I keep reading different things online about what disqualifies you from getting unemployment through NYS Department of Labor. I was let go last month but there were some performance issues mentioned, and I'm worried they might say I was fired for misconduct. Also had a period where I was doing some freelance work while employed. Can someone explain the main things that would make me ineligible? I don't want to waste time filing if I'm just going to get denied anyway.
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Olivia Kay
The main disqualifications for NYS unemployment benefits are: being fired for misconduct, quitting without good cause, refusing suitable work, not being able and available for work, and not meeting work/wage requirements. Performance issues alone usually don't count as misconduct unless there was willful violation of company rules. The freelance work shouldn't matter as long as you reported it properly on your taxes. You should definitely apply - let NYS Department of Labor make the determination rather than assuming you're disqualified.
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Henry Delgado
•Thanks, that's helpful. What exactly counts as 'misconduct' though? My supervisor said I wasn't meeting quotas but I was trying my best.
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Joshua Hellan
dont let them scare you! i got fired for being late too many times and still got approved. misconduct has to be pretty serious stuff like stealing or fighting or being drunk at work. poor performance usually isnt enough unless you were deliberately sabotaging things
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Jibriel Kohn
•Actually that's not entirely accurate. Chronic tardiness can be considered misconduct if it was willful and you were warned about it. NYS Department of Labor looks at whether the behavior was deliberate and if you had control over it.
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Edison Estevez
I had such a hard time getting through to anyone at NYS Department of Labor when I had questions about my disqualification. Spent weeks calling and either got busy signals or got disconnected after waiting on hold forever. Finally found this service called Claimyr that helped me get through to an actual agent - you can check it out at claimyr.com. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped me understand why my claim was denied and what I could do about it.
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Emily Nguyen-Smith
•How much does that cost though? I'm already broke from being unemployed.
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Edison Estevez
•It was worth it for me to get answers instead of being stuck in limbo. Much easier than the regular NYS Department of Labor phone system.
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James Johnson
Just apply! The worst they can say is no. I thought I'd be disqualified because I quit my job but it turns out I had good cause because of unsafe working conditions. NYS Department of Labor actually approved my claim. You never know until you try and the application process isn't that complicated.
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Sophia Rodriguez
The system is so confusing and they make it seem like everyone gets disqualified for everything. I'm dealing with an overpayment issue right now because apparently I made some mistake on my weekly claims months ago that I didn't even know about. The whole NYS Department of Labor process feels like they're trying to trip you up on purpose.
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Olivia Kay
•Overpayment issues are different from initial disqualifications. If you made an honest mistake on your weekly claims, you can often get a waiver for the overpayment. Don't give up - appeal if you think it's unfair.
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Grace Durand
Henry, I went through something similar last year. Performance issues alone typically don't constitute misconduct unless there was willful negligence or insubordination. The key question is whether you were genuinely trying to do your job vs. deliberately violating policies. As for the freelance work, as long as you reported it properly and it didn't interfere with your main job duties, it shouldn't disqualify you. I'd strongly recommend applying - NYS Department of Labor will review your specific case and make the determination. You can always appeal if they initially deny you. The application is free and you have nothing to lose by trying.
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Morita Montoya
•This is really good advice Grace. I'm in a similar boat - got let go for "performance issues" but I was genuinely struggling with some personal stuff that affected my work. It wasn't like I was being lazy or defiant on purpose. The whole misconduct thing seems to be more about whether you were deliberately doing something wrong rather than just having a hard time meeting expectations. I keep second-guessing myself about whether to apply but you're right that there's no harm in trying. The worst case is they say no and I'm in the same position I'm in now.
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Samuel Robinson
Henry, I'd definitely echo what others have said about applying anyway. I was in a similar situation where I was terminated for "poor performance" after struggling to meet sales targets, and I was convinced I'd be automatically disqualified. Turns out NYS Department of Labor approved my claim because they determined it wasn't misconduct - just a poor fit between my skills and the job requirements. The key distinction they look for is whether you were willfully violating company policies or just unable to perform despite good faith efforts. From what you've described, it sounds like you were trying your best but had performance struggles, which is very different from misconduct. The freelance work shouldn't be an issue as long as you can show it didn't conflict with your primary employment. Don't let fear of rejection stop you from potentially getting benefits you're entitled to - the application process is straightforward and you'll get a clear answer either way.
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