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Ruby Knight

When do you not get unemployment benefits from NYS Department of Labor?

I'm trying to understand all the situations where NYS Department of Labor would deny unemployment benefits. My sister got denied last year but never explained why, and now I'm worried about filing my own claim. I know you can't get UI if you quit without good cause, but what are all the other reasons? Like if you get fired for misconduct or refuse work offers? I want to make sure I don't mess anything up when I file.

There are several main disqualification reasons for NYS Department of Labor unemployment benefits: 1) Voluntary quit without good cause 2) Misconduct discharge 3) Refusing suitable work without good cause 4) Not able and available for work 5) Not actively seeking work 6) Earning too much from part-time work. The most common one I see is misconduct - things like excessive absences, insubordination, or violating company policy can all lead to disqualification.

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Ruby Knight

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What counts as misconduct exactly? Like if you're late a few times or call out sick?

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Logan Stewart

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also if you dont do your job search requirements you'll get cut off. NYS Department of Labor requires 3 work search activities per week and you have to keep a log. I forgot to do mine one week and they suspended my benefits until I could prove I was looking for work.

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Mikayla Brown

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Wait really? I thought it was just 2 job searches per week. Now I'm worried I've been doing it wrong this whole time.

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Sean Matthews

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The earnings disqualification trips people up a lot. If you work part-time while collecting UI, you can't earn more than your weekly benefit rate plus $50. So if your weekly benefit is $300, you can't earn more than $350 that week or you'll lose benefits for that week. A lot of people don't realize this and end up with overpayment notices.

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Ruby Knight

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That's really helpful to know. Do you have to report earnings even if it's just like $20 from a side gig?

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Sean Matthews

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Yes, you have to report ALL earnings when you file your weekly claim, even $1. NYS Department of Labor crosschecks with wage records so they'll find out anyway.

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Ali Anderson

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ugh the whole system is so confusing. I got denied because they said I wasn't available for work but I was! I just couldn't work nights because I have kids. apparently that counts as not being available. makes no sense

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You might want to appeal that decision. Having childcare limitations doesn't automatically disqualify you - you just need to show you're available for a reasonable range of work hours. Many people successfully appeal these types of denials.

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Zadie Patel

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If you're having trouble reaching NYS Department of Labor to get clarification on any of these disqualification rules, I had success using Claimyr to get through to an actual agent. Their website is claimyr.com and they have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped me understand why my claim was in adjudication.

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interesting, never heard of that service before. how much does it cost?

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Zadie Patel

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They don't require any upfront payment or personal info, just helps you get connected when the phone lines are busy. Worth checking out if you're stuck trying to reach someone.

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One thing to add - if you have a disqualification, it's not necessarily permanent. Some are just for a certain number of weeks, others last until you work and earn a certain amount. Always worth appealing if you think the decision was wrong!

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