What disqualify you from unemployment benefits - NYS Department of Labor rules?
I'm worried about my unemployment claim and need to understand what can disqualify you from getting benefits through NYS Department of Labor. My previous job ended under circumstances that might be questionable and I want to make sure I don't mess anything up when I file my weekly claims. Are there specific things that automatically disqualify you? I've heard conflicting information about what counts as misconduct vs just being let go. Also wondering about the job search requirements - if you don't do enough searching can that disqualify you too?
15 comments
Join the conversation
Mei Chen
There are several main categories that can disqualify you from NYS Department of Labor unemployment benefits. The most common ones are: 1) Being fired for misconduct (like theft, violence, or repeated policy violations), 2) Quitting without good cause, 3) Not being able and available to work, 4) Refusing suitable work without good reason, and 5) Not meeting the weekly job search requirements. The key thing is that NYS Department of Labor will investigate the circumstances of your job separation during adjudication.
0 coins
Jamal Edwards
•What exactly counts as misconduct though? I was written up a few times for being late but nothing serious like theft or anything.
0 coins
Liam O'Sullivan
For job search requirements you need to make at least 3 work search contacts per week and keep a detailed log. If you skip this or can't prove you did the searches during a random audit, that can definitely disqualify you. Also if you turn down a job offer that's considered suitable for your skills and experience, that's grounds for disqualification too.
0 coins
Amara Okonkwo
•Wait, they can audit your job search? How do they check that? I've been kind of lazy about keeping detailed records...
0 coins
Giovanni Marino
I got disqualified last year because I quit my job to take care of my sick mom and NYS Department of Labor said it wasn't 'good cause' even though it was a family emergency. Had to go through the whole appeal process which took months. The rules are really strict about voluntary quits.
0 coins
Mei Chen
•That's unfortunate. Family illness can sometimes qualify as good cause but it depends on the specific circumstances and documentation. The appeal process is definitely worth pursuing in cases like that.
0 coins
Fatima Al-Sayed
If you're having trouble getting through to NYS Department of Labor to clarify your situation, I had success using this service called Claimyr (claimyr.com). They help you actually reach a real person at the unemployment office instead of getting stuck in phone hell. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth checking out if you need to talk to someone about your specific circumstances.
0 coins
Jamal Edwards
•Thanks, I'll look into that. I've been trying to call for days and either get busy signals or get disconnected after being on hold forever.
0 coins
Dylan Hughes
just dont lie about anything on ur claim thats the biggest thing that will disqualify u, they cross check everything with ur employer
0 coins
NightOwl42
The unemployment system is designed to deny as many people as possible, that's just how it works. They'll find any excuse to disqualify you even if you followed all the rules perfectly. I've seen people get denied for the most ridiculous reasons.
0 coins
Liam O'Sullivan
•While the process can be frustrating, most legitimate claims do get approved eventually. It's important to provide accurate information and follow up on any adjudication issues promptly.
0 coins
Anastasia Popova
One thing that hasn't been mentioned yet is that earning too much money while collecting benefits can also disqualify you. In New York, if you work part-time while on unemployment, you need to report all earnings. If you earn more than your weekly benefit amount, you won't get any unemployment payment that week. And if you don't report earnings at all, that's considered fraud which can disqualify you permanently. Also, if you move out of state without notifying NYS Department of Labor, that can cause issues with your claim since you need to be available for work in New York.
0 coins
Abigail bergen
•This is really helpful information about earnings while collecting benefits. I didn't realize you could still get partial benefits if you earn less than your weekly amount - I thought any work would completely disqualify you. Do you know what the exact formula is for how they calculate partial benefits when you work part-time? I might need to take some temporary gig work to make ends meet but don't want to mess up my claim.
0 coins
Admin_Masters
•The partial benefit calculation in NY works like this: they subtract 25% of your gross earnings from your weekly benefit amount. So if your weekly benefit is $400 and you earn $200 that week, they subtract $50 (25% of $200) from your $400 benefit, leaving you with $350 plus your $200 earnings. You can work and still get partial benefits as long as your earnings don't exceed 1.5 times your weekly benefit amount. Just make sure to report everything accurately when you certify each week - even small amounts matter.
0 coins
NebulaNinja
Another important disqualifier that people often overlook is not maintaining your continuing education or licensing requirements if your profession requires them. For example, if you're a nurse, teacher, or other licensed professional and you let your license expire or don't complete required continuing education while collecting benefits, NYS Department of Labor can consider you "not able to work" and disqualify you. Also, if you're receiving disability benefits or workers' compensation, that typically makes you ineligible for unemployment since those programs indicate you can't work. Make sure you understand how any other benefits you're receiving might interact with your unemployment claim.
0 coins