Unemployment if you quit or were fired in New York

Quit, fired or refused work

If you quit

If you quit without good cause, you are disqualified. Quitting because of marriage also disqualifies you. Good cause includes a compelling family reason, and conditions at work that would have let you refuse the job in the first place.

Examples the state names:

• Domestic violence that makes you reasonably believe staying at the job would put you or your immediate family in danger (with reasonable, confidential documentation)
• The verified illness or disability of an immediate family member who needs your care for longer than your employer will give leave
• Moving with your spouse because your spouse's job location changed and commuting is impractical
• Moving with your spouse who is in the U.S. armed forces because of a military transfer
• Needing to care for your child after making reasonable efforts to find other child care
• Choosing a temporary layoff under an option in a union contract or written employer plan, with your employer's consent
• Conditions that developed on the job that would have justified refusing the job in the first place (for example, pay or conditions well below those for similar work in the area)

If you were fired

Being fired because you could not meet your employer's performance or production standards or job qualifications can still allow benefits. You may be denied if you were fired for misconduct, such as violating a company policy, rule or procedure (for example absenteeism or insubordination). Wages from a job you lost for misconduct cannot be used for your claim. If you were fired for a felony connected with the job and admit it in writing or are convicted, you are disqualified for 12 months.

If benefits are denied for the separation

A disqualification for quitting without good cause, quitting due to marriage, or misconduct lasts until you work again and earn at least 10 times your weekly benefit rate (self-employment does not count), and you are again out of work through no fault of your own.

Refusing work

You are disqualified if, after filing, you refuse without good cause a job you are fitted for by training and experience that pays the prevailing wage. After you receive 10 full weeks of benefits, you may also be disqualified for refusing a job you can do that pays the prevailing wage and at least 80% of your high-quarter base-period wages.

Law: N.Y. Labor Law sec. 593

Official source: Source page

You usually must be unemployed through no fault of your own. In most states this means you lost your job because there was not enough work.

Able, available and looking for work

Job contacts per week: 3

Unless you are told you are exempt, you must complete and record at least three work search activities each week. Activities that count include using Career Center services (meeting an advisor, workshops, skills assessments, job referrals), sending applications or resumes, going to job fairs or networking events, interviewing, taking civil service or pre-hire tests, registering with agencies, unions or school placement offices, and using online job sites to find leads.

Records to keep

Keep a written or online Work Search Record for each week, with what you did, when, where, with whom and the result, and be ready to give a copy to NYSDOL when asked. NYSDOL's Work Search Record Sheet (WS5) can help.

Law: N.Y. Labor Law sec. 591(2)

Official source: Source page

To be paid for a week, you must be able to work, available to work and actively seeking work.

Law: 42 U.S.C. 503(a)(12)

Noncitizens

What the state says

If you are not a U.S. citizen, have your employment authorization number ready when you file.

Free help

Call 1-888-209-8124. Legal aid and other free help in New York → Official sources →