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Jamal Edwards

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?

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.

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What exactly counts as misconduct though? I was written up a few times for being late but nothing serious like theft or anything.

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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.

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Wait, they can audit your job search? How do they check that? I've been kind of lazy about keeping detailed records...

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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.

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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.

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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.

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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.

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just dont lie about anything on ur claim thats the biggest thing that will disqualify u, they cross check everything with ur employer

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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.

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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.

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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.

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