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Javier Morales

Why can you be denied unemployment - NYS Department of Labor rejection reasons explained

I just got a determination letter from NYS Department of Labor saying my unemployment claim was denied and I'm honestly confused about all the different reasons they can reject you. The letter mentions something about 'misconduct' but I thought I was laid off due to company downsizing. Can someone explain what all the different reasons are that NYS Department of Labor can deny your claim? I want to understand if I should appeal this or if there's something I'm missing about the whole process.

There are several main reasons NYS Department of Labor can deny unemployment benefits: 1) Voluntary quit without good cause 2) Discharge for misconduct 3) Not able and available for work 4) Refusing suitable work 5) Not actively seeking work 6) Fraud or misrepresentation. For misconduct, they look at whether you violated company policy deliberately or were negligent. If you were truly laid off, this sounds like an error in your determination. You should definitely appeal within 30 days.

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Thank you! This is really helpful. The company did say it was a layoff but maybe there was some miscommunication when they reported it to NYS Department of Labor. How do I start the appeal process?

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I had something similar happen. NYS Department of Labor denied me initially because my former employer reported I was fired for attendance issues, but it was actually medical leave that HR messed up. The appeal process involves requesting a hearing where you can present evidence and testimony. Make sure you have documentation like your layoff notice, any emails about the downsizing, or witness statements from coworkers who can verify it was a layoff not misconduct.

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Amina Diallo

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How long did your appeal take to get resolved? I'm worried about paying bills while waiting for a hearing.

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Mine took about 6 weeks from when I filed the appeal to getting the hearing decision. If you win the appeal, they do backpay you for all the weeks you were denied though.

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GamerGirl99

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this is so frustrating!! NYS Department of Labor makes everything so complicated and the employers can basically say whatever they want. I got denied because they said I quit but I was actually constructively discharged - they cut my hours to almost nothing and changed my job duties completely. The system is rigged against workers

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Constructive discharge can actually qualify you for benefits if you can prove the working conditions were so unreasonable that any reasonable person would have quit. You'll need to document the changes to your hours and job duties for your appeal.

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If you're having trouble reaching NYS Department of Labor to discuss your denial or get help with the appeal process, I had success using a service called Claimyr (claimyr.com) that helped me get through to an actual agent. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. It was really helpful when I needed to clarify some details about my case that weren't clear in the written determination.

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Thanks for the suggestion! I've been trying to call for days but can never get through. Does this actually work better than just calling directly?

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Yeah it saved me hours of trying to get through. The regular phone lines are always busy but this got me connected to someone who could actually explain what happened with my case.

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Also remember they can deny you for not meeting the monetary requirements - you need to have earned enough wages in your base period. And if you worked less than 20 weeks or didn't earn at least $2,600 in covered employment, that's an automatic denial too. Sometimes people think they qualify but haven't met the basic eligibility requirements.

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Malik Jenkins

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been there! so stressful when you're counting on that money and then get denied. definitely appeal if you think they made a mistake about the layoff vs firing thing

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Carmen Ortiz

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I went through something similar last year - got denied initially because of a "misconduct" classification when I was actually laid off. The key thing is to gather all your documentation ASAP: layoff notice, any company-wide emails about downsizing, your final paystub, etc. When you file your appeal (do it online through the NYS DOL website or call their appeals line), make sure to clearly state that you were laid off due to company downsizing, not fired for misconduct. The hearing officer will review both your evidence and what your employer submitted. In my case, it turned out HR had incorrectly coded my separation as "fired" instead of "laid off" in their system. Once I provided the layoff documentation, the decision was reversed and I got all my back benefits. Don't let the initial denial discourage you - errors happen more often than you'd think.

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Lucy Lam

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This is exactly what I needed to hear! I was starting to panic thinking I'd never get benefits. Do you remember how long it took from when you submitted your appeal to getting the hearing scheduled? I'm also wondering if I should contact my former HR department to ask them to clarify the separation reason on their end, or if that might make things worse?

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Jibriel Kohn

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@Carmen Ortiz - This gives me hope! I m'in a similar situation where they classified my layoff as misconduct. Quick question - when you gathered your documentation, did you also get statements from coworkers who were laid off at the same time? I m'wondering if having multiple people who can verify it was a company-wide downsizing would strengthen my appeal. Also, did you end up having to do a phone hearing or was it handled through written submissions?

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