What will disqualify you from unemployment benefits in NY?
I'm about to file for unemployment for the first time and I'm really nervous about getting disqualified. I've heard there are tons of ways they can deny your claim but I can't find a clear list anywhere. Can someone break down what will actually disqualify you from unemployment benefits? I left my job because my manager was making the workplace hostile but I'm worried they'll say I quit voluntarily. I also had a small side gig doing freelance work last year - could that hurt me? Just want to make sure I don't mess this up before I even start.
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Demi Hall
The main disqualifications in NY are: 1) Quitting without good cause 2) Getting fired for misconduct 3) Refusing suitable work 4) Not meeting work search requirements 5) Not being able and available to work. For your situation with the hostile workplace, that could qualify as 'good cause' if you can document it. The freelance work shouldn't disqualify you as long as you report any current earnings on your weekly claims.
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Elliott luviBorBatman
•Thank you! Do you know what counts as documentation for the hostile workplace? I have some emails but not sure if that's enough.
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Mateusius Townsend
they'll also disqualify you if you don't do the job search requirements - you need to do 3 work search activities per week and keep a log. also if you're not physically able to work or not available for full time work
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Kara Yoshida
•Wait, is it 3 activities or 3 contacts? I thought it was 3 job contacts per week but someone told me activities are different?
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Demi Hall
•It's 3 work search activities per week. This can include job applications, interviews, networking events, job fairs, etc. Not just direct employer contacts.
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Philip Cowan
If you're having trouble reaching NYS Department of Labor to get clarification on anything, I used claimyr.com recently and it actually worked. They have a system that helps you get through to an actual agent instead of sitting on hold forever. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped me when I had questions about my adjudication.
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Elliott luviBorBatman
•Interesting, I've been dreading trying to call them. Does it actually work or is it just another service that takes your money?
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Philip Cowan
•It worked for me - got connected to an agent in about 20 minutes when I'd been trying to call for days. They don't charge unless they actually get you through to someone.
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Caesar Grant
Be VERY careful about reporting that side gig income. If you earned money while collecting benefits and didn't report it properly, that's fraud and they'll hit you with an overpayment demand. I've seen people get hit with thousands in penalties.
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Elliott luviBorBatman
•The freelance work was last year before I lost my job, not while collecting benefits. Should I still worry about that?
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Demi Hall
•Past freelance work won't disqualify you, but make sure you report any current earnings from any source on your weekly claims. Even $50 needs to be reported.
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Lena Schultz
Don't stress too much about it. The system is designed to help people who legitimately lost their jobs. If you were laid off or quit for good cause, you should be fine. Just be honest on your application and weekly claims.
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Gemma Andrews
I got disqualified for 'misconduct' even though all I did was show up 15 minutes late a few times. The NYS Department of Labor system is so broken, they'll find any excuse to deny claims. Make sure you appeal if they try to disqualify you!
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Demi Hall
•Chronic tardiness can be considered misconduct if it was documented and you were warned. But you're right that you should always appeal if you disagree with a disqualification decision.
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Arjun Kurti
For the hostile workplace situation, you'll want to gather as much documentation as possible - emails, text messages, witness statements, any HR complaints you filed, performance reviews that suddenly changed, etc. The key is showing a pattern of behavior that made continuing work unreasonable. NY does recognize "constructive dismissal" where conditions become so bad you're essentially forced to quit. Also keep in mind that you have to show you tried to resolve the situation first (like reporting to HR) before quitting, unless the situation was so severe that wasn't possible.
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