When can you not get unemployment benefits in New York - NYS Department of Labor eligibility rules?
I'm trying to figure out all the situations where someone wouldn't qualify for unemployment benefits through NYS Department of Labor. My brother got fired last month and was told he can't get UI but nobody explained why exactly. I want to make sure I understand the rules before I ever need to file myself. What are the main reasons NYS Department of Labor would deny someone unemployment? Is it just if you quit or get fired for cause, or are there other situations too?
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Ezra Beard
There are several reasons NYS Department of Labor can deny unemployment benefits. The main ones are: 1) You quit without good cause 2) You were fired for misconduct 3) You refuse suitable work 4) You don't meet the work history requirements 5) You're not able and available to work 6) You fail to register for work or do your job search. The misconduct one is tricky because it has to be willful misconduct that goes against the employer's interests.
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Tobias Lancaster
•What counts as misconduct exactly? My brother was always late but he said it was because of his car breaking down.
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Statiia Aarssizan
honestly the whole system is rigged against workers anyway. they'll find any excuse to deny you benefits even when you deserve them. i got denied for 'job abandonment' when i missed three days because my kid was sick and daycare wouldn't take him
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Reginald Blackwell
•Did you appeal that decision? Job abandonment usually requires more than just missing a few days, especially for family emergencies. You might have had grounds for an appeal.
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Aria Khan
Don't forget about the earnings requirements too! You need to have worked enough quarters and earned a minimum amount. I think it's like you need earnings in at least 2 quarters and your total has to be over a certain threshold. Also if you're getting workers comp or disability benefits that can affect your UI eligibility.
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Tobias Lancaster
•Oh I didn't know about the workers comp thing. That makes sense though since you can't be available for work if you're on disability.
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Everett Tutum
I had a nightmare trying to get through to NYS Department of Labor when my claim got stuck in adjudication because they thought I quit but I was actually laid off. Couldn't reach anyone for weeks until someone told me about claimyr.com - it's a service that helps you get through to actual agents. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Honestly saved me so much stress because I was about to lose my apartment.
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Sunny Wang
•Never heard of that before but might be worth trying if you really can't get through the regular way
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Hugh Intensity
Another big one people don't realize is if you're not a US citizen or don't have work authorization you can't get unemployment benefits. Also if you're in school full time that can disqualify you because you're not considered available for work. The rules are pretty strict about being able and available.
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Tobias Lancaster
•What about part time school? I was thinking about taking some classes while I look for work.
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