Why would I be disqualified for unemployment benefits in New York?
I just got a determination letter from NYS Department of Labor saying I'm disqualified from receiving unemployment benefits but I don't really understand why. The letter mentions something about 'misconduct' but I was never written up or formally disciplined at my job. I worked at a retail store for 8 months and my manager said I was being let go due to 'performance issues' but nothing was ever documented that I saw. Can someone explain what actually counts as disqualifying misconduct? I thought if you got fired you could still get unemployment unless it was for something really serious. Should I appeal this decision?
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Isabella Santos
NYS Department of Labor has specific criteria for disqualification. The main reasons include: voluntary quit without good cause, discharge for misconduct, refusing suitable work, or fraud. 'Misconduct' doesn't just mean being written up - it can include things like excessive tardiness, insubordination, violation of company policies, or willful neglect of duties. Performance issues alone usually don't qualify as misconduct unless they involve deliberate actions. You absolutely should appeal if you believe the determination is wrong. You have 30 days from the date on the letter to file an appeal.
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Malik Davis
•Thank you! I was never late and always followed company policies. The performance thing was mostly about not meeting sales targets which I tried my best with. Should I gather any documentation before appealing?
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StarStrider
I got disqualified last year for something similar and it turned out my employer lied on their response to NYS Department of Labor. They claimed I was fired for misconduct when really they just didn't want to pay higher unemployment taxes. Definitely appeal it - the burden is on them to prove misconduct, not on you to prove you didn't do anything wrong.
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Ravi Gupta
•This is exactly right. Employers sometimes exaggerate reasons for termination to avoid their unemployment insurance rates going up. Document everything you can remember about your termination meeting and any performance discussions.
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Freya Pedersen
ugh the whole system is so confusing!! I got disqualified too but for 'voluntary quit' even though I had to leave because my boss was harassing me. Like how is that voluntary?? Makes no sense
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Isabella Santos
•Harassment can actually qualify as 'good cause' for leaving, but you need to document it and show you tried to resolve it through proper channels first. You should definitely appeal that determination.
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Omar Hassan
If you're having trouble getting through to NYS Department of Labor to discuss your disqualification, I found this service called Claimyr (claimyr.com) that helps you actually reach a live agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. I used it when I needed to understand why my claim was in adjudication and it was way easier than trying to call the regular number over and over.
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Malik Davis
•That might help - I've been trying to call for three days and can never get through to ask questions about the appeal process.
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Chloe Anderson
Most disqualifications I see are for attendance issues or policy violations that employers report as misconduct. Not meeting sales quotas typically wouldn't qualify as misconduct unless there's evidence you weren't trying or were deliberately sabotaging sales. Make sure to request a copy of what your employer submitted to NYS Department of Labor - you're entitled to see their side of the story.
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Diego Vargas
same thing happened to my brother but he won his appeal. just keep fighting it
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