PLEASE NOTE: To protect our safety as well as the safety of our clients with respect to the threats of COVID-19, our attorneys are currently working remotely. We are, however, responding to website inquiries and offering the ability to confer with us via telephone, email, and video conferencing. Please call our office to discuss your options and/or send us an email through the website inquiry form, and we will respond as soon as reasonably possible.

Mitchell Pollack & Associates PLLC

Why might I be denied unemployment compensation?

| Dec 6, 2018 | Employment Law for Employees |

New York workers who have lost a job will likely believe they can get unemployment compensation while they are out of work. This is generally true in many circumstances. However, there are certain requirements to get benefits and reasons why the claim could be denied. For workers who believe they have had their unemployment claim denied without legal justification, it is important to have assistance from an attorney who is experienced in employment law.

To get unemployment, the worker must have: lost the job and it not have been his or her fault; had sufficient earnings to make a claim; be prepared and willing to work immediately; and actively seek work and maintain a record of that while getting benefits. It is also important to understand when and why the claim might be denied.

If a worker quit on his or her own or was discharged, there can be a denial of unemployment if the worker quit and did not have good cause to do so; or was dismissed because of misconduct. Leaving the job for good cause is when there is a compelling family reason for doing so such as a concern about safety due to domestic violence, if a family member had an illness that required the person stay home to care for them, and if a spouse is moving due to work. When a person is getting unemployment compensation and is offered a job, the benefits can be denied if the job is refused without having good cause for doing so.

When there is a labor strike, it is possible that the person could get unemployment benefits if it lasts for longer than 49 days. There is a possibility of sooner eligibility if the dispute ends with the person still unemployed or the employer has hired replacement workers on a permanent basis. Those who will not work, are not prepared to work, are not capable of working, or are not seeking employment can be denied benefits. Those who commit felony crimes can be disqualified from getting benefits. Finally, people who are incarcerated cannot get unemployment compensation.

For people who are denied unemployment compensation and they do not fall into any of the above categories, there could be legal recourse to get the benefits they are entitled to. Having legal advice and guidance from attorneys that specialize in employment law for employees is vital to getting those benefits. The first step is to call for a consultation.