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Javier Torres

When do you not qualify for unemployment - NYS Department of Labor rules?

I'm trying to figure out if I even qualify for unemployment benefits through NYS Department of Labor before I waste time filing. My friend said there are certain situations where you automatically get denied. I quit my last job because my boss was making the workplace toxic, but I'm worried that means I won't qualify since I wasn't technically fired. Are there other reasons why NYS Department of Labor would deny your claim? I worked for 8 months at this job and made about $28,000 during that time.

Emma Davis

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Unfortunately, voluntarily quitting usually disqualifies you from receiving unemployment benefits unless you can prove it was for "good cause." NYS Department of Labor considers good cause to be things like unsafe working conditions, harassment, significant changes to job duties, or not being paid. Just having a difficult boss typically won't qualify unless it rises to the level of creating a hostile work environment. Other disqualifying factors include being fired for misconduct, not being available for work, refusing suitable job offers, or not meeting the earnings/work history requirements.

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Javier Torres

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What exactly counts as a hostile work environment? My boss was constantly yelling and making personal attacks on employees in front of customers.

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Malik Johnson

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from what i remember you also get disqualified if you dont do your job search requirements or miss your weekly claims. my cousin got cut off for not reporting her job search activities properly

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Yes, that's correct. NYS Department of Labor requires you to search for work and document your activities. You also can't collect if you're not able and available to work, like if you're in school full-time or have restricted availability.

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Ravi Sharma

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The whole system is designed to deny people benefits! I got disqualified because they said I was fired for "misconduct" when all I did was show up 10 minutes late a few times. Meanwhile, my employer probably saved thousands by not having to pay into the unemployment fund. NYS Department of Labor always sides with the employers.

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Emma Davis

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Chronic tardiness can actually be considered misconduct if you were warned about it. However, you have the right to appeal any disqualification decision. The appeals process allows you to present your side of the story.

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NebulaNomad

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I had trouble reaching NYS Department of Labor when I needed to clarify my disqualification reasons. Kept getting busy signals for weeks. Finally used this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. The agent was able to explain exactly why my claim was denied and what documentation I needed for my appeal.

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Javier Torres

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That sounds really helpful. Did they charge you for that service or was it free?

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Freya Thomsen

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Also remember you can't collect unemployment if you're working full-time hours, even if the pay is low. And if you turn down a job offer that NYS Department of Labor considers "suitable work," that can disqualify you too. Suitable work generally means anything in your field or something you're qualified for, even if it pays less than your previous job.

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