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Gianna Scott

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

I'm thinking about applying for unemployment but want to understand all the ways NYS Department of Labor can deny your claim. I left my last job because my boss was making my life miserable - constantly yelling, unrealistic deadlines, toxic environment. But I'm worried they might say I quit voluntarily and deny my benefits. What are all the different reasons they can reject your unemployment claim? I want to make sure I have everything documented properly before I file.

Alfredo Lugo

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There are several main categories where NYS Department of Labor will deny unemployment benefits. The biggest ones are: 1) Quitting without good cause (but hostile work environment CAN qualify as good cause if documented), 2) Getting fired for misconduct (not just poor performance), 3) Not being able and available to work, 4) Refusing suitable work offers, 5) Not meeting job search requirements (currently 3 contacts per week), 6) Not earning enough in your base period, 7) Being self-employed or an independent contractor. For your situation, document everything about the hostile environment - emails, witnesses, any complaints you made to HR.

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Gianna Scott

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Thank you! I do have some emails and a coworker who witnessed the yelling. Should I file a complaint with HR first or can I apply for unemployment right away?

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Sydney Torres

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don't forget about the earnings requirement too - you need to have earned at least $2,600 in your base period and meet the quarterly wage requirements. also if you're getting severance pay that might affect when your benefits start

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I got denied because I didn't do my job search log properly. They want EXACTLY 3 job contacts per week and you have to keep detailed records. Can't just apply randomly - has to be for jobs you're actually qualified for. Also if you turn down any job offer they consider 'suitable work' you're automatically disqualified. Suitable work means anything paying at least 80% of your previous wage after the first 10 weeks.

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Caleb Bell

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Wait what defines suitable work exactly? Does it have to be in the same field or can they make you take anything?

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The NYS Department of Labor phone system is impossible when you're trying to get clarification on denials. Spent weeks calling and either got disconnected or couldn't get through. Finally used this service called Claimyr (claimyr.com) that actually got me connected to a real agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Turned out my denial was due to a simple documentation issue that got cleared up once I could actually talk to someone.

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Gianna Scott

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How much does that service cost? I'm already worried about money if I quit my job.

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It's worth it to actually reach someone instead of calling for weeks. Much cheaper than missing out on benefits because you can't get through to explain your situation.

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Rhett Bowman

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Also remember they can deny you if you're not a US citizen or don't have work authorization. And if you moved to another state you have to transfer your claim properly or they might deny it. The system is really picky about paperwork and deadlines.

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