What reasons would you not get unemployment benefits from NYS Department of Labor?
I'm thinking about leaving my current job because the working conditions are terrible and my boss is making my life miserable. Before I do anything stupid, I want to know what reasons would disqualify me from getting unemployment benefits through NYS Department of Labor. I've heard some horror stories about people getting denied and I can't afford to be without income for months while fighting an appeal. Can someone break down the main reasons they'll reject your claim?
14 comments
Join the conversation
Luca Russo
The main disqualifiers for NYS Department of Labor unemployment are: 1) Quitting without good cause (like just not liking your job), 2) Getting fired for misconduct (theft, violence, repeated policy violations), 3) Not being able and available to work, 4) Refusing suitable work offers, 5) Not meeting work search requirements, and 6) Not having enough work history or wages in your base period. If you quit voluntarily without documenting harassment or unsafe conditions, you'll likely be disqualified.
0 coins
NebulaNinja
•What counts as 'good cause' for quitting? My supervisor has been verbally abusive but I don't have it in writing or anything.
0 coins
Nia Wilson
been there done that... quit my job last year thinking I'd get benefits and NOPE. NYS Department of Labor said I quit voluntarily so no money. had to appeal and it took forever. definitely document everything if your planning to quit for harassment
0 coins
NebulaNinja
•Did you win your appeal? What kind of documentation did they want to see?
0 coins
Nia Wilson
•yeah but it took 3 months and I had to prove the harassment was so bad that any reasonable person would quit. emails, witness statements, stuff like that
0 coins
Mateo Sanchez
Don't forget about the work search requirements - you need to make at least 3 job contacts per week and keep detailed records. I know people who got their benefits cut off because they couldn't prove they were actively looking for work. Also, if you turn down a job offer that's considered 'suitable' for your skills and experience, that's grounds for disqualification too.
0 coins
Aisha Mahmood
ugh the whole system is ridiculous!! they make it so hard to get benefits even when you legitimately need help. I got denied because apparently I didn't earn enough in my 'base period' even though I worked full time for 8 months. the way they calculate it makes no sense
0 coins
Luca Russo
•The base period calculation can be confusing - it's usually the first 4 of the last 5 completed calendar quarters before you file. If you started working recently, you might not have enough wages in that timeframe even if you're working full time now.
0 coins
Ethan Clark
If you're having trouble reaching NYS Department of Labor to get clear answers about your specific situation, I used a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have this video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Was way easier than trying to call myself and getting hung up on constantly.
0 coins
NebulaNinja
•How much does something like that cost? I'm already worried about money.
0 coins
Ethan Clark
•It's worth checking out their site for the details, but for me the value was being able to actually talk to someone at NYS Department of Labor about my specific case instead of guessing what would happen.
0 coins
AstroAce
Wait, what if you get fired but it wasn't really your fault? Like if they said you weren't meeting performance standards but you never got proper training? Would that still count as misconduct?
0 coins
Luca Russo
•Being fired for performance issues generally doesn't disqualify you unless it rises to the level of misconduct. Poor performance due to inability or lack of training is different from willful misconduct. You'd need to document that you weren't given adequate training or support.
0 coins
Yuki Kobayashi
Just wanted to add that even if you get initially denied, don't give up! I was disqualified at first but won my appeal hearing. The key is having all your documentation ready and being able to clearly explain your situation to the administrative law judge.
0 coins