What disqualifies you from unemployment NYS Department of Labor - need complete list
I'm helping my sister understand if she's eligible for unemployment after getting fired last week. We've been looking through the NYS Department of Labor website but it's confusing about what actually disqualifies you from getting benefits. She's worried because she was terminated for attendance issues (she was late several times due to her car breaking down). Does anyone know the complete list of things that disqualify you from unemployment in New York? I want to make sure we don't waste time filing if she's not eligible.
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Dominique Adams
The main disqualifiers for NYS Department of Labor unemployment are: 1) Being fired for misconduct (this is different from poor performance), 2) Quitting without good cause, 3) Refusing suitable work, 4) Not being able and available to work, 5) Not meeting work search requirements, 6) Fraud or false statements. For attendance issues, it depends on whether NYS Department of Labor considers it misconduct. If she had legitimate reasons like car problems and communicated with her employer, she might still be eligible.
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Isabel Vega
•That's helpful! She did tell her boss about the car issues each time she was late. Does that make a difference for the misconduct determination?
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Marilyn Dixon
Your sister should definitely file anyway. Even if the employer claims misconduct, she can appeal if denied. I was fired for what my boss called 'insubordination' but NYS Department of Labor approved my claim because I proved it wasn't willful misconduct. The worst that happens is they say no, but at least you'll know for sure. The adjudication process will review all the facts.
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Louisa Ramirez
•How long did your adjudication take? I'm in a similar situation waiting for a decision.
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Marilyn Dixon
•Mine took about 3 weeks. They called both me and my employer to get statements before making the decision.
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TommyKapitz
I had trouble reaching NYS Department of Labor when I needed to check on my disqualification appeal status. Kept getting busy signals for weeks. Finally used this service called Claimyr (claimyr.com) that got me through to an actual agent who explained exactly what was happening with my case. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped me understand the appeal process better.
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Angel Campbell
•Never heard of this but might be worth trying. NYS Department of Labor phone system is impossible to get through normally.
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Payton Black
dont forget about the work search thing too!! you have to do 3 work search activities every week to keep getting benefits. lots of people get disqualified for not doing that properly. also if you turn down a job offer that NYS considers suitable you can lose benefits
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Dominique Adams
•Good point about work search requirements. It's actually 3 work search activities per week in New York, and they need to be documented in your work search record.
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Louisa Ramirez
The whole system is so confusing. I got disqualified initially because they said I quit voluntarily, but I was actually laid off due to budget cuts. Had to go through a whole appeal process to prove it. NYS Department of Labor really needs to make their eligibility criteria clearer on the website.
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