What disqualifies you from unemployment benefits - need to understand NYS Department of Labor rules
I'm helping my sister figure out if she can even apply for unemployment. She got fired from her retail job last week but I'm not sure if she qualifies. What are the main things that disqualify you from unemployment benefits in New York? I know there are rules about being fired vs quitting but I don't know the specifics. She's worried they might deny her claim if she applies. Can someone explain what situations would make you ineligible?
11 comments


KhalilStar
The main disqualifications for NYS Department of Labor unemployment benefits are: 1) Quitting without good cause, 2) Being fired for misconduct, 3) Not being able and available to work, 4) Refusing suitable work, 5) Not meeting work history requirements (you need to have worked and earned wages in the base period). If she was fired for attendance issues or performance problems that's usually not misconduct, but if she was fired for stealing or violating company policy that could disqualify her.
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Connor Murphy
•She was fired for being late too many times. Would that count as misconduct or just poor performance?
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Amelia Dietrich
being late repeatedly might be considered misconduct depending on how many warnings she got and if she had a good reason. the nys department of labor looks at whether it was willful or just carelessness
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Kaiya Rivera
I had a similar situation when I got fired for missing too many days. The key is whether your sister received written warnings and if she had valid reasons for the tardiness (like transportation issues or family emergencies). NYS Department of Labor will request documentation from both her employer and her during the adjudication process. She should definitely apply - the worst they can do is deny it, but she might qualify if the employer can't prove willful misconduct.
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Katherine Ziminski
•How long does the adjudication process usually take? I'm in the same boat waiting to hear back from them.
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Noah Irving
I was stuck trying to reach NYS Department of Labor for weeks about my disqualification. Finally used this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped me understand why my claim was denied and what I could do about it.
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Connor Murphy
•Did they charge you for that? I'm trying to avoid any extra costs right now.
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Vanessa Chang
Other disqualifications people don't always think about: if you're getting severance pay that might delay benefits, if you're not legally authorized to work in the US, if you're receiving certain types of pensions. Also during the application process you have to be actively looking for work and keep a job search log.
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Madison King
ugh the job search requirement is so annoying! you have to apply to 3 jobs per week and keep records of everything
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KhalilStar
•Actually it's three work search activities per week, not necessarily three applications. It can include things like attending job fairs, networking events, or career counseling sessions.
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Amelia Dietrich
tell your sister to apply anyway even if she's not sure. the nys department of labor will investigate and make the determination. if she gets disqualified she can always appeal the decision within 30 days
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