What will disqualify you from collecting unemployment in NY - worried about my situation
I'm really stressed about whether I'll qualify for unemployment benefits or if something might disqualify me. I was let go from my retail job last month after working there for almost two years. My manager said it was due to company restructuring, but I'm worried because I had a few tardiness issues earlier this year (nothing recent though). I also left a previous job voluntarily about 6 months before this one to take the retail position. Will any of this disqualify me from collecting unemployment? I really need these benefits while I look for new work. Has anyone dealt with similar situations?
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Chloe Robinson
NYS Department of Labor looks at several factors for disqualification. The main ones are: quitting without good cause, being fired for misconduct, refusing suitable work, not meeting work search requirements, or not being able and available for work. From what you described, being laid off due to restructuring should qualify you. The tardiness issues might be reviewed during adjudication, but if they weren't the reason for termination, you should be okay.
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Omar Hassan
•Thank you! That makes me feel better. The termination letter specifically mentioned restructuring. Should I mention the tardiness issues when I file or just answer honestly if they ask?
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Diego Chavez
I had a similar situation last year - got fired but it wasn't for misconduct. The key is the reason for separation from your most recent job. Since you were laid off, not fired for cause, you should qualify. The voluntary quit from 6 months ago shouldn't matter since you worked the retail job long enough to establish new eligibility. Just be honest during the application process.
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NeonNebula
•How long do you have to work to establish new eligibility after quitting a previous job?
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Diego Chavez
•Generally you need sufficient wages in your base period to qualify. Since they worked almost 2 years at the retail job, that should definitely cover it.
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Anastasia Kozlov
THE SYSTEM IS RIGGED ANYWAY! They'll find ANY excuse to deny your claim. I got disqualified for 'misconduct' because I was 10 minutes late ONE TIME due to a subway delay. Had to appeal and it took 3 months to get resolved. Document EVERYTHING and be prepared to fight.
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Omar Hassan
•Oh no, that's exactly what I'm worried about! Did you eventually get your benefits after the appeal?
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Sean Kelly
If you're having trouble reaching NYS Department of Labor to clarify your situation, I used a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Was super helpful when my claim got stuck in adjudication and I couldn't get anyone on the phone for weeks.
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Zara Mirza
•Never heard of this before. Does it actually work or is it just another way to waste money?
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Sean Kelly
•It worked for me. Got connected to an agent who explained exactly what was holding up my claim. Better than sitting on hold for hours just to get disconnected.
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NeonNebula
wait so if you quit a job you can never get unemployment? even if you get another job after that?
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Chloe Robinson
•No, that's not how it works. If you quit without good cause, you might be disqualified from that job's wages, but if you work enough at a new job, you can establish new eligibility based on those wages.
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Luca Russo
Been there! I was so worried about getting disqualified too. The main thing is being honest on your application. If you were laid off due to company restructuring like you said, that's not misconduct. The work search requirements are probably what trips up most people once they start collecting - you have to document your job search activities every week.
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