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NeonNova

What reasons can unemployment be denied by NYS Department of Labor?

I'm thinking about filing for unemployment but want to understand all the ways my claim could get rejected before I waste time with the application. My friend got denied last year and never really explained why. What are the main reasons NYS Department of Labor denies unemployment claims? I want to make sure I have everything in order before I file.

Rachel Clark

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The main reasons NYS Department of Labor denies claims are: 1) Voluntary quit without good cause 2) Fired for misconduct 3) Not available for work 4) Not actively searching for work 5) Refusing suitable work offers 6) Insufficient work history/wages 7) Working while claiming benefits without reporting it. For misconduct, it has to be willful violation of company policy, not just poor performance. If you were laid off due to lack of work, you should be fine.

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Chris King

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Thanks! I was laid off because they closed our location, so sounds like I should be okay. How strict are they about the job search requirements?

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The most common reasons for denial include: not earning enough wages in your base period, being fired for misconduct, quitting without good cause, refusing suitable work, or not being able and available for work. You also need to meet the job search requirements once you start claiming.

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NeonNova

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What counts as misconduct exactly? I was written up a few times for being late but never anything serious.

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they also deny if you dont meet the base period earnings requirement which is like $2800 in your highest quarter and total earnings of at least $4440 during your base period. also if you're not a US citizen or dont have work authorization

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they denied mine because i didnt work enough hours in the base period even though i had two jobs, turns out one job wasnt reporting my wages correctly to NYS Department of Labor

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You can appeal wage issues like that. If your employer wasn't reporting correctly, that's not your fault. The NYS Department of Labor should have records of your actual earnings.

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Ava Thompson

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I got denied because they said I quit voluntarily even though my hours were cut to basically nothing! Had to appeal and prove it was constructive dismissal. The whole process took months and I couldn't get through to anyone at NYS Department of Labor to explain my situation.

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Miguel Ramos

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For situations like yours where you can't reach NYS Department of Labor directly, I used a service called Claimyr (claimyr.com) that actually got me connected to an agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped when I needed to clarify my appeal status.

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Ava Thompson

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Wish I had known about that months ago! The phone system is absolutely impossible.

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Mia Alvarez

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Don't forget about the work search requirements - you need to document 3 job contacts per week and they can audit your job search log at any time. I've seen people get disqualified months later when NYS Department of Labor reviewed their job search activities. Also, if you're receiving any severance pay, that can affect your eligibility timing.

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Carter Holmes

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Wait, severance affects unemployment? I'm getting 8 weeks severance pay from my company. Does that mean I can't file until after it runs out?

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Mia Alvarez

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Yes, severance is considered wages and will make you ineligible during those weeks. You can file your claim but won't receive benefits until the severance period ends.

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Don't forget about the able and available requirement - if you're injured, in school full-time, or can't work your usual schedule, they might deny you. Also if you're not actively looking for work or turn down job offers.

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StarSailor

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THE SYSTEM IS RIGGED!! They look for ANY excuse to deny claims. I worked for 15 years and they denied me over some technicality about my last day of work. NYS Department of Labor doesn't care about working people!

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I understand the frustration, but most denials have specific reasons that can be addressed through appeals if you have the right documentation.

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Sophia Long

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I got denied because apparently I 'quit' even though I was basically forced out. My supervisor made my life hell until I couldn't take it anymore and resigned. NYS Department of Labor said it was voluntary quit. Fighting it in appeal now but it's been 2 months already. The system is ridiculous - they don't care about constructive dismissal situations.

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Chris King

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That's awful! How do you prove constructive dismissal? Do you need documentation?

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Rachel Clark

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For constructive dismissal you need to show the employer made working conditions so intolerable that a reasonable person would have quit. Documentation like emails, witnesses, HR complaints help your case.

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If you're having trouble getting through to NYS Department of Labor to check on claim status or resolve issues, I used this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really saved me time instead of calling hundreds of times and getting busy signals.

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how much does that cost? seems like you shouldn't have to pay extra just to talk to them

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I hear you on that frustration, but honestly the time it saved me was worth it. I was spending hours every day trying to get through and this got me connected in minutes.

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They can also deny if you're attending school full-time or not available for full-time work. I made the mistake of mentioning I was taking some evening classes and they questioned my availability. Had to prove the classes didn't interfere with my ability to work standard business hours.

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