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AaliyahAli

Why would I not get unemployment benefits from NYS Department of Labor - what disqualifies you?

I got laid off from my restaurant job two weeks ago and applied for unemployment through NYS Department of Labor but I'm worried I might not qualify. My manager said something about me being 'unreliable' in my final week which makes me nervous. I was only there for 8 months and before that I worked part-time at a grocery store for about 6 months. I'm 22 and this is my first time dealing with unemployment stuff. What are the main reasons people get denied? I keep reading about 'misconduct' and 'voluntary quit' but I definitely got fired, not quit. Should I be worried about something else I don't know about?

The main disqualification reasons for NYS Department of Labor benefits are: 1) Insufficient work history/wages in your base period, 2) Misconduct that led to termination, 3) Voluntary quit without good cause, 4) Not being able and available for work, 5) Refusing suitable job offers. Since you were laid off (not fired for cause), misconduct shouldn't be an issue unless your employer claims otherwise. With 14 months of work history, you should meet the basic requirements if you earned enough wages.

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Thank you! What counts as 'enough wages' though? I was making $15/hr at the restaurant and maybe $12/hr at the grocery store before that.

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wait the manager called u unreliable?? that could be a problem if they report it as misconduct to nys department of labor. being late or calling out too much can count as misconduct even if they said it was a layoff

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I was late a few times in my last month because my car broke down but I always called ahead. Do you think that's enough for them to claim misconduct?

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Being late occasionally usually isn't misconduct unless it was excessive or you ignored warnings. If they coded it as a layoff on your separation paperwork, that's what matters initially.

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I had a similar situation last year where I was worried about qualification issues. Spent weeks trying to get through to NYS Department of Labor by phone to ask questions but could never reach anyone. Finally found this service called Claimyr (claimyr.com) that connects you directly to unemployment agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much stress being able to actually talk to someone about my specific situation.

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That sounds helpful but is it legit? I've been burned by scam services before.

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Yeah it's legitimate, just helps you get through the phone system. I used it when I needed to check why my claim was taking so long to process.

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The NYS Department of Labor system is SO broken. They'll find any excuse to deny claims these days. I got denied initially because they said I 'abandoned my job' when I was actually laid off due to COVID cutbacks. Had to appeal and wait 3 months for a hearing. Even when you're clearly eligible they make it impossible.

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same here! they denied me for 'insufficient wages' even though I worked full time for 2 years straight

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Don't panic yet. If you were truly laid off and have 14 months of work history, you should be fine. The key things to watch for: make sure you file your weekly claims on time, keep detailed job search records (you need 3 employer contacts per week), and respond immediately to any requests for information. Most denials happen because people miss deadlines or don't provide required documentation.

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3 employer contacts per week seems like a lot! Do online applications count or do I need to actually talk to people?

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Online applications definitely count. You just need to keep records of company name, position, date applied, and method of contact. The NYS Department of Labor job search log makes it pretty easy to track.

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