Did you know that you can actually be denied unemployment benefits? Did you know that you can receive it for some time and it get cut off without any warning? What can make you ineligible to receive unemployment? Continue reading to find out more about this tricky issue.
Okay, so you have been let go from your job. You file for unemployment benefits. The Department of Labor of your state calls you to confirm your work history in order to complete your claim. You wait two weeks to receive an answer from the state. You end up either:
- Receiving a letter of denial.
- Receiving benefits for two or three weeks and then get a letter of stop payment from the Department of Labor giving you their reasons why you have suddenly become ineligible to receive benefits. (There are several reasons for this which shall be explained in the following.)
The latter of the two scenarios happened to me. My former employer let me go, and the Human Resources Representative informed me that the company would do nothing to hinder the progress of my career and I would be able to receive COBRA as well as claim unemployment benefits.
Despite my loss, I was relieved to know I could still receive some income while progressing in my upcoming job search. I filed for unemployment, and was approved to receive benefits. Over time, I got used to receiving weekly unemployment checks. Then suddenly, I got a letter in the mail that explained that I would not receive any more payments. Reading further in the letter, it noted that my employer refused to issue me unemployment (your former employer has to pay you unemployment by law) because I was fired for employee misconduct.
I had no idea that when one gets discharged from a job there are different categorizations for their dismissal; but they are. They are as follows:
- Quit – Left on your own accord
- Lay Off – Dismissal because of a company merger, budget cuts, etc.
- Let Go – Dismissal because you did not perform your duties or the lack of ability to perform
- Fired – Dismissal because of employee misconduct (excessively late, arguing with upper management, looking at porn on the work computer, etc. – you get the point)
These categorizations are actually placed as options in the beginning of the NY State Unemployment Insurance internet form to determine qualification for benefits.
Numbers one and four disqualify you from receiving any payment from the Department of Labor, because they view it as if you caused the scenario, making it your own fault. Numbers two and three are not necessarily of your fault, so it is understood that the company should compensate you for their error.
The only way that numbers one and four could qualify you for employment is if you have just cause. In other words, you would have to give the Department of Labor a good reason as to why you were labeled in this manner by your former employer. For those who quit because they were being sexually harassed, mistreated because of ethnic, racial, sexual, or religious prejudice, or for other heinous reasoning can be compensated if it is ruled in an unemployment hearing. Usually one responds in writing first and the Department of Labor decides if the testimony of the unemployed person is worthwhile. The outcome can be that the State acknowledges the testimony and issues benefits. It can further progress into a public hearing in an arbitration court where both the employer and the former employee give statements and a judgment is pronounced. The State can also chose to ignore the proposal for benefits, and deny you benefits altogether and you will either have to resubmit your claim or find another job immediately.
For those who were fired for misconduct the same procedure applies to you. Companies sometimes lie to avoid paying for the worker they let go by labeling them with false categorizations. This is the reason why the State gives you options to appeal. They are aware of these falsehoods and would readily give you the chance to clear your name. In the state of NY, there is a form they send for you to appeal their decision and share your side of the story. Make sure you answer all questions and give as much information that would cause them to decide in your favor. You will know what they decide soon after you give in your paper work. Responses usually take one – two weeks.
Remember there is a chance that they will not rule in your favor, and make sure you are prepared for that (by either having resources available, looking to your support group, or finding a job). Fortunately, they decided in my favor and I received Unemployment Insurance until I found new employment at my current job.
Other reasons that benefits could be denied or stopped while receiving unemployment in NY are: working more than four days a week part time or making more than $405 a week part time (To receive unemployment you have to work less than four days a week AND make less than $405 weekly, this may differ in other states), denying work, not attending meetings and informational mandated by the Department of Labor, etc. which will be described further in the next article.
Remember, although denial of unemployment benefits can be a tough thing it is not the end of the world. One thing I have always believed is: “When there is a will, there is a way.” If you will to do something, it WILL be done despite your current circumstances. It can be a struggle when finances are not readily available (and I can preach, teach, and testify on this!) but if you push hard enough, you can get past this hurdle! Employment is out there waiting for you!
Have a blessed week everyone, I hope the best for you all. And to those who are down on their luck, I pray your spirits are lifted.
-LD
{ 5 comments… read them below or add one }
Though I hope that no one will ever have to use your information (because they’ve lost thier job), this is a great article!
It is. My feelings would’ve been too hurt if this happened to me and I didn’t know what to do.
Great article! A lot of folks just think they are going to automatically get it, and it doesn’t work that way, so I thank you for pointing that out. My mom works for the Spartanburg, SC Unemployment Office, so she clued me into a lot. She told me that people come in there with a myriad of reasons for getting fired and they still collect a check some kind of way. Like, one guy came in and said that his employer fired him because he was drunk. He was disputing that because he said what was in his system was merely mouthwash and that his boss was mistaken (side note: whose Scope smells like Hennessey and makes you stumble uncontrollably?!?!) So that dude got a check. But then I had a friend in Baltimore who they denied a check because he basically made too much and they didn’t want to pay that. He was fired for some stupid reason, but it wasn’t being drunk at work or anything crazy like that. Its a messed up system, really. I hope none of us ever has to use unemployment, but I’m glad we have this knowledge in case it gets to that point.
I am a Californian who was let go because, according to my boss, “all work dried up”. I am sitting on pins and needles waiting for the State to call me to determine my “eligibility”, despite the fact I have worked 99+% of the time for the last 50 years. One has to wonder why the working stiff is obliged to go through the third degree just to get a bone thrown their way, when others on welfare get freebies thrown their way even though it’s documented they never worked a day in their life and don’t intend to. Ain’t America great?
thank you for this article. This has recently happened to me. I was laid off with the possibility of having summer work. Talked to my employer about an invitation I had to go to D.C. this summer to work unpaid for an advocacy program I’m involved with…I told her that I could not afford to go if I couldn’t get unemployment well she told unemployment that I was going out of town for an internship and the stopped my payments. When all I did was let her know the opportunity that I had been offered. I have not went anywhere and now my unemployment has been stopped. It was an assumption on her part and I have to pay the price… with no income. I am diligently seeking employment else where by may have to return there in the fall if not.