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Giovanni Ricci

What would disqualify you from unemployment benefits in NYS - need to know before filing

I'm thinking about filing for unemployment but want to make sure I won't get disqualified. I left my last job because my manager was making the workplace really hostile (no documentation though, just verbal stuff). Before that I was fired from a part-time retail job for being late too many times. I'm worried the NYS Department of Labor might deny my claim. What are the main things that would disqualify you from unemployment? Should I even bother applying or will they just reject me automatically?

NeonNomad

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The main disqualifications in NY are: being fired for misconduct, quitting without good cause, refusing suitable work, not being able and available for work, and not meeting job search requirements. Being late repeatedly could be considered misconduct, but quitting due to a hostile work environment might qualify as good cause if you can prove it. You should definitely apply - let NYS Department of Labor make the determination rather than self-disqualifying.

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Thanks! Do they look at all your previous jobs or just the most recent one when deciding on misconduct?

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They mainly look at your most recent job when determining eligibility, but if you don't have enough wages from that job they'll go back to previous employers. The hostile workplace thing is tricky - you'd need some kind of evidence like emails, witnesses, or documentation that you tried to resolve it with HR first.

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I don't have any written proof unfortunately. Would text messages from coworkers about the situation count as evidence?

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ugh the whole system is so frustrating! they denied my claim initially because I quit my job but I had to quit because of medical issues. took forever to get through to someone at NYS Department of Labor to explain. even when you have good cause they make you jump through hoops

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If you're having trouble reaching NYS Department of Labor agents by phone to discuss your specific situation, I had good luck using claimyr.com. They help you get through to actual agents instead of waiting on hold forever. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped me get my disqualification issue sorted out when I couldn't get through the regular way.

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Interesting, never heard of that service. Did they actually help you talk to someone who could make decisions about your claim?

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Dmitry Volkov

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Other things that can disqualify you: not registering for work search within required timeframe, turning down job offers that match your skills/pay level, not doing the required number of job searches per week, or having earnings that are too high while collecting. The job search requirements are pretty strict now - you need to do at least 3 searches per week and keep detailed records.

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Ava Thompson

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honestly just apply anyway, worst they can say is no and then you can appeal if needed. I got denied initially but won my appeal hearing.

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