< Back to New York Unemployment

Salim Nasir

When can you not collect unemployment - NYS Department of Labor disqualification reasons?

I'm trying to understand all the situations where NYS Department of Labor will deny or disqualify you from unemployment benefits. My friend got denied and I want to make sure I don't make the same mistakes when I file next month. I know you can't get benefits if you quit without good cause, but what are all the other reasons? Like what about if you get fired for attendance issues or if you refuse a job offer? I've heard there are also work search requirements that can disqualify you. Can someone break down all the ways you can be ineligible for UI benefits in New York?

Hazel Garcia

•

There are several main categories where NYS Department of Labor will disqualify you from unemployment benefits. First, voluntary separation without good cause (quitting without a valid reason). Second, misconduct discharge - this includes things like repeated tardiness, insubordination, or violating company policies. Third, refusing suitable work without good cause. Fourth, not meeting the work search requirements (you need to make at least 3 job contacts per week and keep detailed records). Fifth, not being able and available for work. There are also monetary eligibility requirements - you need sufficient wages in your base period.

0 coins

Salim Nasir

•

Thanks for the detailed breakdown! What exactly counts as 'misconduct' though? Is being late a few times enough to disqualify you?

0 coins

Laila Fury

•

Also fraud will permanently disqualify you. If NYS Department of Labor finds out you lied about anything on your application or weekly claims, you'll have to pay back all benefits plus penalties and you won't be eligible for future claims. Don't mess around with that. And if you're receiving other benefits like workers comp, that can affect your UI eligibility too.

0 coins

this is why i'm so paranoid about filling out my weekly claims correctly, one mistake and they think you're trying to commit fraud

0 coins

Simon White

•

The work search thing is what got my cousin in trouble. She thought she just had to apply for jobs but didn't keep proper records. NYS Department of Labor requires you to document each contact - date, employer name, position, method of contact, result. If you can't prove your 3 weekly contacts during an audit, they'll disqualify you and demand repayment. It's not just about applying, it's about documenting everything correctly.

0 coins

Hugo Kass

•

Don't forget about the able and available requirement. If you're going to school full-time, have transportation issues that prevent you from accepting work, or have other limitations, NYS Department of Labor might find you not available for work. Even being on vacation can disqualify you for those weeks if you don't report it properly on your weekly claim.

0 coins

Salim Nasir

•

Wait, you can't go on vacation while collecting unemployment? What if it's just a weekend trip?

0 coins

Nasira Ibanez

•

THE SYSTEM IS DESIGNED TO DENY YOU! They'll find ANY excuse to cut off your benefits. I got disqualified because I supposedly 'refused suitable work' even though the job was 2 hours away and paid less than minimum wage. The appeals process is a joke too - takes months and they usually side with the employer anyway.

0 coins

Khalil Urso

•

Sorry that happened to you! The appeals process can be really frustrating but it's worth pursuing if you believe the disqualification was wrong.

0 coins

Laila Fury

•

If you're having trouble reaching NYS Department of Labor to get clarification on any disqualification or to check your eligibility status, I had good luck using claimyr.com recently. They help you get through to an actual agent instead of dealing with the busy signals and automated system. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling and redialing.

0 coins

Salim Nasir

•

That's interesting, I didn't know services like that existed. Might be worth it since I can never get through on the phone.

0 coins

one more thing - if you worked in multiple states you might have issues with which state to file in. has to be the state where you worked most recently or earned the most wages. filing in the wrong state can mess everything up

0 coins

New York Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today