What is considered suitable work for unemployment benefits in NYS Department of Labor requirements?
I'm getting close to exhausting my regular unemployment benefits and my caseworker mentioned something about 'suitable work' requirements changing. I've been turning down jobs that pay significantly less than my previous position (I was making $28/hour as a warehouse supervisor, now getting offers for $15/hour general labor). My question is - what exactly does NYS Department of Labor consider 'suitable work' when you're collecting unemployment? Do I have to take any job offer or are there protections for wage levels and job type? I'm worried about losing my benefits but also don't want to take a huge step backwards in my career.
12 comments


Amara Okonkwo
The suitable work rules are more complex than most people realize. Initially, you can be selective about wage levels - generally you're not required to accept work paying less than 80% of your previous wage for the first several weeks. However, as your claim continues, those standards gradually lower. The NYS Department of Labor also considers factors like commuting distance, your skills and experience, and working conditions. After a certain period (varies based on your benefit year), you may be required to accept any work you're physically capable of performing, regardless of pay level.
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Liam O'Sullivan
•That 80% rule is really helpful to know! Do you happen to know how many weeks before they start lowering those standards? I'm at week 18 of my claim.
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Giovanni Marino
I went through this exact situation last year. At first I could turn down jobs that were way below my previous salary, but around week 20 they started getting stricter. The key is documenting everything - save all job offers, rejection letters, and reasons why you declined specific positions. NYS Department of Labor will review your job search log and they want to see you're actively looking but also have legitimate reasons for declining unsuitable work. Just make sure you're meeting the minimum job search requirements each week.
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Fatima Al-Sayed
•How detailed does the job search log need to be? I've just been writing company names and dates but wondering if I need more info.
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Giovanni Marino
•Include company name, position title, how you applied, date, and any follow-up. If you decline an offer, document why it was unsuitable (wage, location, hours, etc.). This protects you if they question your eligibility later.
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Dylan Hughes
ugh the whole system is so confusing! I'm dealing with the same thing and keep getting different answers when I try calling NYS Department of Labor. Half the time I can't even get through to talk to anyone. Has anyone found a reliable way to actually reach someone there who can explain these rules clearly??
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NightOwl42
•I had the same problem trying to get through to NYS Department of Labor for weeks. Someone on here mentioned this service called Claimyr (claimyr.com) that helps you actually connect with agents. I was skeptical but tried it and got through in like 15 minutes. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much frustration trying to call manually.
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Sofia Rodriguez
From what I understand, they also look at whether you have transferable skills. Like if you were a supervisor, they might expect you to consider other supervisory roles even in different industries. But honestly the whole 'suitable work' thing feels like they're just looking for reasons to cut people off benefits. The job market is still rough and expecting people to take massive pay cuts just seems wrong.
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Dmitry Ivanov
•Exactly! I had to take a job paying $10 less per hour just to avoid losing benefits. Now I'm working full-time for poverty wages while my old position is still posted online for the salary I used to make.
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Amara Okonkwo
To answer the earlier question about timing - the standards typically begin to relax after 13-16 weeks, with more significant changes around week 20-26. However, this can vary based on local unemployment rates and your specific circumstances. The important thing is to keep detailed records and continue your active job search. If you're unsure about a specific job offer, it's worth consulting with your local workforce development office before declining.
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Natasha Volkova
Thanks for all this helpful info everyone! I'm in a similar spot at week 16 and just want to add - make sure you're also documenting any training or certification programs you might be doing to improve your qualifications. NYS Department of Labor sometimes views this favorably when evaluating whether you're making reasonable efforts to find suitable work. I started an online logistics certification course and mentioned it when they questioned why I turned down a retail job that was way below my skill level. Also, if you're a union member, check if they have any guidance on suitable work requirements - mine had some really specific advice about what constitutes comparable work in our industry.
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Ana Rusula
•That's a great point about documenting training programs! I didn't realize that could help with the suitable work evaluation. I've been putting off starting a forklift certification course but maybe now is actually the perfect time to do it while I'm still collecting benefits. Quick question - did you have to get pre-approval from NYS Department of Labor for your logistics course, or could you just start it and mention it later? Also wondering if there's a limit on how long they'll consider training as a valid reason for being more selective about job offers.
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