What disqualifies you from unemployment benefits in New York?
Unemployed workers can apply for weekly benefits in New York. However, there are certain circumstances which could disqualify you from receiving them.
States across the country, including New York, have unemployment insurance programs. These provide benefits to qualified workers who have lost their jobs and meet certain eligibility requirements.
Unemployment Insurance (UI) is a joint federal program with the states that provides cash benefits to workers. Each state administers its own separate program, so requirements often vary.
In the case of New York, workers must meet certain conditions established by law. Your case will be evaluated once you submit your application. According to the New York State government website, you may be eligible to receive benefits if:
- You lost your job due to lack of work
- The temporary or seasonal employment ended
- Your job was eliminated
- There was an involuntary reduction in force
- The company downsized or shut down
- The company restructured or reorganized
- There was a lack of company operating funds/orders
- You were out of work for any other business reason that you did not choose or control
- Your employer discharged or fired you because you could not meet their performance or production standards, or their qualifications for the job
Just as there are requirements to become eligible, the state also establishes certain criteria that disqualify workers who were left unemployed from receiving monthly financial aid from unemployment insurance.
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What disqualifies you from unemployment benefits in New York?
According to the NYS Department of Labor web portal, in general terms, you can be denied benefits if you have fewer hours of work and less than the salary required to qualify to process an application.
If you are denied benefits, a Notice of Determination will be mailed to you telling you the reasons why you were denied. This notice will also explain the period of time during which benefits are denied, how to re-qualify and how to request a hearing if you do not agree with the resolution.
The circumstances under which your claim cannot be approved are explained below:
Voluntary resignation and misconduct
You will be disqualified from receiving unemployment insurance if you quit a job without good cause, left a job because of marriage, lost your job due to misconduct, or have not worked or earned at least 10 times your weekly rate.
Also, if you are fired for committing a serious employment-related crime and you admit your guilt or are found guilty, you will be disqualified from receiving benefits for 12 months after the termination.
Not totally unemployed
If you work while receiving benefits and do not report that employment, even if it is part-time work, you may be committing fraud. Your benefits may be stopped, you may have to pay back the money you received, and a fine is imposed.
Makes no effort to look for work
If you do not participate in required work search activities or if you made a false statement regarding your efforts, you may be denied benefits.
Failure to respond to the Department of Labor
If you do not show up for your appointments or do not respond, your benefits will be stopped.
Availability and capacity
If you are not ready, willing, and able to work, your benefits will be denied or suspended until you comply with what the Department of Labor requires.
Rejection of a job
You will stop receiving benefits if you refuse without good cause to accept a job for which you are qualified.
Strike and other industrial controversies
If you lose your job due to a strike or other industrial dispute, except lockouts, your rights to unemployment insurance will be suspended for 14 days from the day after you lose your job.
For more information about unemployment insurance in New York, visit the state Department of Labor website.