What makes you unqualified for unemployment - NYS Department of Labor denied my claim
My unemployment claim was just denied by NYS Department of Labor and I'm trying to understand what makes you unqualified for unemployment benefits in New York. I worked at a retail store for 2 years and was let go last month due to 'performance issues' but I thought that still qualified me. The denial letter mentions something about 'misconduct' but I was never written up or anything. I'm really confused about what exactly disqualifies you from getting benefits. Has anyone else been denied for performance reasons? I thought only getting fired for theft or not showing up would disqualify you.
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Giovanni Colombo
There are several reasons NYS Department of Labor can deny your claim. The main disqualifications include: voluntary quit without good cause, discharge for misconduct, refusing suitable work, not meeting work/wage requirements, or fraud. Performance issues can sometimes be considered misconduct if they involve willful negligence or violation of company policies. You should definitely appeal this decision - you have 30 days from the denial date.
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Amara Okafor
•Thanks for explaining! I had no idea performance could be considered misconduct. How do I appeal this? Do I need a lawyer or can I do it myself?
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Fatima Al-Qasimi
same thing happened to me!! got fired for being late too many times and they said it was misconduct. but like, i had car problems and stuff. its so unfair
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StarStrider
•Chronic tardiness can definitely be considered misconduct under NYS Department of Labor rules, especially if you were warned about it. The key is whether your employer can prove it was willful disregard of their policies. You can still appeal and present your side of the story at a hearing.
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Dylan Campbell
I've been trying to get through to NYS Department of Labor for weeks about my own disqualification issues. The phone lines are always busy and when I do get through, I get disconnected. Has anyone found a way to actually talk to someone there? This is so frustrating - I need to understand why my claim was denied but can't reach anyone to explain it.
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Sofia Torres
•I had the same problem until someone told me about Claimyr. It's a service that helps you get through to NYS Department of Labor agents when the phone lines are jammed. I used claimyr.com and they actually got me connected to someone who could explain my disqualification in detail. There's even a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of trying to call myself.
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Dmitry Sokolov
The unemployment system is SO broken. They deny people for the smallest things but then take forever to process appeals. I got denied initially for 'insufficient wages' even though I worked full time for 8 months. Turns out my employer reported my wages wrong to NYS Department of Labor. Had to fight for 3 months to get it corrected.
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Amara Okafor
•Wow that's terrible! At least you got it fixed eventually. I'm worried about waiting months for an appeal decision when I need the money now.
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StarStrider
For anyone dealing with misconduct disqualifications, here's what you need to know: NYS Department of Labor has to prove that your actions were deliberate violations of reasonable employer expectations. Simple mistakes or inability to meet performance standards usually don't qualify as misconduct. Document everything about your termination and gather any performance reviews or communications with your supervisor for your appeal hearing.
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