What happens if you are disqualified for unemployment - NYS Department of Labor consequences?
I just got a determination letter saying I'm disqualified from receiving unemployment benefits and I'm completely lost about what this means. The letter mentions something about voluntary quit without good cause but I left my job because my hours were cut to basically nothing. Can someone explain what happens next? Do I lose all the benefits I already received? Can I still file weekly claims? I'm really scared about having to pay money back that I don't have.
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Amara Chukwu
A disqualification means NYS Department of Labor has determined you don't meet the eligibility requirements for UI benefits. You typically have 30 days from the determination date to file an appeal if you disagree with their decision. During the disqualification period, you won't receive benefits, but you should continue filing weekly claims to preserve your right to benefits if you win your appeal. The good news is that if your hours were significantly reduced, that might qualify as constructive dismissal rather than voluntary quit.
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Liam O'Sullivan
•Thank you! So I should keep filing even though I'm disqualified? The determination letter wasn't very clear about that part.
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Giovanni Conti
same thing happened to me last year when i quit my retail job because they kept scheduling me for only 8 hours a week. initially got disqualified but won my appeal because the hearing officer agreed that wasnt enough to live on
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Liam O'Sullivan
•How long did the appeal process take? I'm worried about paying rent while this gets sorted out.
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Giovanni Conti
•took about 6 weeks total from when i filed the appeal to getting the hearing decision. once i won they paid me all the back benefits i missed during disqualification
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Fatima Al-Hashimi
You need to file your appeal immediately and gather documentation showing your hours were cut. Pay stubs, work schedules, anything that proves the reduction in hours. For the appeal hearing, you'll need to demonstrate that a reasonable person in your situation would have quit. The NYS Department of Labor considers significant hour reductions as potential good cause, especially if it makes the job economically unfeasible.
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Liam O'Sullivan
•I have my last few pay stubs showing the hour cuts. Should I include anything else with my appeal?
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Evan Kalinowski
•@Fatima Al-Hashimi Also include any written communication with your employer about the hour reduction - emails, texts, or written notices they gave you. If you tried to discuss the situation with management before quitting, document that too. Sometimes a letter from your employer confirming the hour cuts can really strengthen your case for the appeal hearing.
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NeonNova
This is so frustrating! I've been trying to call NYS Department of Labor for weeks about my own disqualification issue and can never get through. The wait times are insane and half the time they just hang up on you. Has anyone found a way to actually reach someone who can explain these decisions?
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Dylan Campbell
•I had the same problem until someone told me about claimyr.com - it's a service that helps you get through to NYS Department of Labor agents. I was skeptical at first but they actually got me connected to someone who could review my case. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Way better than spending hours on hold getting nowhere.
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Sofia Hernandez
Wait so if you're disqualified you can still get benefits later if you win an appeal? I thought disqualification meant you were permanently banned from unemployment
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Amara Chukwu
•No, disqualification just means you don't meet the current eligibility requirements. If you successfully appeal, NYS Department of Labor will reverse the decision and pay you retroactively for the weeks you were disqualified, assuming you continued filing your weekly claims.
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Dmitry Kuznetsov
The whole system is ridiculous. They disqualify people for the stupidest reasons and then make you jump through hoops to prove you deserve benefits you already paid into through your taxes. I got disqualified because they said I didn't look for work properly even though I submitted my job search log every week like they required.
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