< Back to New York Unemployment

TillyCombatwarrior

Why would you be denied unemployment benefits by NYS Department of Labor?

My claim just got denied and I'm really confused about what went wrong. The NYS Department of Labor letter just says 'disqualification due to separation circumstances' but doesn't give me much detail. I thought I had a solid case since I was laid off from my retail job after they cut hours drastically. What are the main reasons people get denied unemployment in NY? I want to understand if I should appeal this decision or if there's something I'm missing about the requirements.

Anna Xian

•

There are several common reasons NYS Department of Labor denies claims. The big ones are: quitting without good cause, getting fired for misconduct, not meeting work history requirements, or not being able and available for work. Since you mentioned being laid off, they might be questioning whether it was truly a layoff or if there were performance issues. Did you receive any warnings or disciplinary actions before the separation?

0 coins

No warnings at all. They just said business was slow and they were reducing staff. I'm wondering if maybe my former employer told them something different when they responded to the claim?

0 coins

The most common reasons for denial are: 1) Quitting without good cause 2) Being fired for misconduct 3) Not meeting work/wage requirements 4) Not being able and available for work 5) Failing job search requirements. For your situation with reduced hours, that could qualify as constructive dismissal if the reduction was substantial enough. NYS Department of Labor typically considers a 20% or more reduction in hours as potential good cause.

0 coins

Melody Miles

•

That's helpful, going from 40 to 15 hours is definitely more than 20%. Do I need to prove the hour reduction somehow?

0 coins

ugh the same thing happened to me last year!! they denied me even though i was clearly laid off. turns out my old boss told them i quit which was total BS. you definitely need to appeal this and get the employer's response to see what they said about your separation

0 coins

Rajan Walker

•

You can request the employer's response through your my.ny.gov account or by calling NYS Department of Labor. If there's a discrepancy between what you reported and what your employer said, that's definitely grounds for an appeal. The employer has to provide documentation to support their claims too.

0 coins

Eva St. Cyr

•

You'll need documentation of your work schedule reduction. Save any texts, emails, or schedule changes your employer gave you. Also keep pay stubs showing the difference. The job search requirement is 3 activities per week and they do check now - keep detailed records in your online account.

0 coins

wait they actually check the job search stuff now? i thought that was just for show

0 coins

Eva St. Cyr

•

They definitely check! Random audits and if you get selected for review you need to provide proof of all your activities. Better to be prepared.

0 coins

Other reasons include not having enough wages in your base period, being an independent contractor instead of employee, or immigration status issues. They're also really strict about the able and available requirement - if you can't work full time or have restrictions on when you can work, that can disqualify you.

0 coins

I've been available for full time work and actively searching. Could it be a wage issue? I only worked at this job for about 8 months before the layoff.

0 coins

Anna Xian

•

8 months might not be enough depending on your earnings. You need sufficient wages in at least 2 quarters of your base period. Check your monetary determination letter to see if you met the minimum requirements.

0 coins

If you're having trouble getting through to NYS Department of Labor to understand the denial or file an appeal, I had success using a service called Claimyr at claimyr.com. They help you get connected to actual agents instead of sitting on hold forever. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped me when I was dealing with a similar denial situation.

0 coins

Ev Luca

•

never heard of that but honestly anything is better than trying to call them directly. spent 3 hours on hold yesterday just to get disconnected

0 coins

Kaitlyn Otto

•

I got denied last year because I couldn't prove I was looking for work in my field. Apparently applying to any random job doesn't count anymore - they want to see you're making reasonable efforts to find work similar to what you did before. Super frustrating because I was applying to everything I could find!

0 coins

That's not entirely accurate. You can apply outside your field after a reasonable period of searching in your usual occupation. The key is documenting why you expanded your search.

0 coins

Avery Davis

•

Don't give up! I got denied initially but won my appeal. The key is gathering all your documentation - pay stubs, termination letter, any texts or emails about the layoff. You only have 30 days to appeal so don't wait too long.

0 coins

Axel Far

•

I had major issues reaching anyone at NYS Department of Labor when my claim got stuck in adjudication after I appealed a denial. Kept getting disconnected or put on hold forever. Finally used this service called Claimyr (claimyr.com) that basically calls for you and gets you connected to an actual agent. They have a video demo showing how it works at https://youtu.be/qyftW-mnTNI. Saved me weeks of frustration trying to get through on my own.

0 coins

Melody Miles

•

That sounds too good to be true, does it actually work?

0 coins

Axel Far

•

Worked for me! Got connected to an agent within a few hours instead of calling dozens of times myself. Worth it when you're dealing with benefit delays.

0 coins

another thing they deny you for is if you dont report other income correctly. Even like small freelance jobs or gig work has to be reported on your weekly claims or they'll hit you with an overpayment later

0 coins

Luis Johnson

•

Don't forget about the waiting week! Even if you qualify you won't get paid for the first week. Also if you have any vacation pay or severance that could delay your benefits too.

0 coins

I went through something similar and it's so frustrating when they don't give you clear details! One thing that helped me was requesting my full claim file through my.ny.gov - you can see exactly what your employer reported and what NYS Department of Labor based their decision on. Since you mentioned going from full hours to just 15 hours a week, that definitely sounds like constructive dismissal which should qualify you. Make sure you have documentation of your original schedule vs the reduced hours. Also, don't sleep on the appeal deadline - you only have 30 days from the determination date. I'd definitely recommend appealing and requesting a phone hearing where you can explain your side directly to a judge.

0 coins

New York Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today