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The whole system is rigged against workers anyway. Whether you quit or get fired, they'll find some excuse to deny your claim. I've seen people get denied for the most ridiculous reasons. NYS Department of Labor just wants to save money.
The key thing is whether your employer can prove willful misconduct. NYS Department of Labor looks at factors like whether you knew the rule, whether you had prior warnings, and if your actions were intentional. A first-time policy violation rarely meets their threshold for disqualification unless it involved something serious like theft, violence, or illegal activity.
I had trouble getting through to NYS Department of Labor to ask about this exact question when I was filing my claim. The phone lines are always jammed and the website doesn't really explain the funding clearly. I ended up using Claimyr (claimyr.com) which got me connected to an actual agent who explained how the employer tax system works. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Way easier than spending hours on hold trying to get basic information.
Amina Diallo
honestly depends on how bad your attendance was and if you warned them about your problems ahead of time. I got fired for attendance but got benefits because I had told my manager about my kid's medical appointments and they said it was fine then fired me anyway. the key is showing you tried to work with them
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Olivia Clark
File anyway! worst case they say no but at least you tried. my friend got approved after being fired for attendance and she was shocked
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Paolo Bianchi
•Yeah that's what I'm thinking. I've got nothing to lose at this point and I really need the income while I look for another job.
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