Why would I not be eligible for unemployment benefits from NYS Department of Labor?
I got laid off from my restaurant job two weeks ago after working there for 8 months. When I tried to file for unemployment online, the system is telling me I might not be eligible but it's not clear why. I worked full-time, paid taxes, and got laid off through no fault of my own. What are the common reasons NYS Department of Labor would deny someone? I'm really confused and stressed about this because I need these benefits to pay rent.
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Owen Devar
There are several reasons NYS Department of Labor might determine you're not eligible. Most common ones are: not earning enough wages in your base period (usually the first 4 of the last 5 completed quarters), being fired for misconduct, quitting without good cause, or not being able and available for work. Since you were laid off, misconduct shouldn't be an issue. Check your wage history in the system to make sure your earnings meet the minimum requirements.
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Brooklyn Knight
•How do I check my wage history? I definitely worked full-time but maybe 8 months isn't long enough?
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Daniel Rivera
8 months might be your problem right there. The base period for unemployment benefits looks at a specific timeframe, not just how long you worked at your last job. If you didn't work much before this restaurant job, you might not have enough total wages in the base period to qualify. You need to have earned a certain amount across multiple quarters.
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Brooklyn Knight
•Oh no, this was my first real job after college. Does that mean I'm just out of luck?
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Owen Devar
•Not necessarily! NYS Department of Labor sometimes allows you to use an alternate base period if the standard one doesn't work. You should definitely appeal or ask them to review using different quarters.
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Sophie Footman
Had the EXACT same issue when I got laid off from my first job. The wage requirements are really confusing and they don't explain it well when you apply. I had to call NYS Department of Labor like 20 times before someone finally looked at my case properly. The phone system is absolutely terrible - I kept getting disconnected.
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Connor Rupert
•I had trouble getting through to NYS Department of Labor too until someone told me about claimyr.com. It's a service that calls for you and gets you connected to an actual agent. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling and getting hung up on.
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Sophie Footman
•That actually sounds really helpful. Did it cost a lot to use?
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Connor Rupert
•It was totally worth it to finally talk to someone who could explain my eligibility issue properly. Much better than spending days trying to get through on my own.
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Molly Hansen
The whole eligibility system is a JOKE. They make it so complicated on purpose to discourage people from applying. I worked for 2 years and they still tried to deny me because of some technicality about my work schedule. Had to fight them for months just to get what I was entitled to.
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Brady Clean
•Same here, the system is designed to reject people first and ask questions later.
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Skylar Neal
def check if you were classified as an employee vs independent contractor too. some restaurants try to pull that and if you were 1099 instead of W2 that could affect eligibility
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Brooklyn Knight
•I got W2s so I should be good on that front, but thanks for mentioning it!
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