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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.
The whole system is a joke honestly. They make you jump through hoops for benefits you already paid into through payroll taxes. And don't get me started on the job search requirements - you have to apply to 3 jobs per week and keep detailed records or they'll cut you off.
Just to clarify the timeline: Week 1 is your waiting period (no payment), then if approved you'll receive benefits starting week 2. Maximum benefit period is 26 weeks. Your weekly benefit amount depends on your previous earnings, with a maximum of $504 per week in 2025. Make sure you're filing your weekly claims every Sunday and documenting your job search activities.
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
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.
Javier Morales
If you're having trouble reaching NYS Department of Labor to get more information about your hearing, I used a service called Claimyr (claimyr.com) that actually got me through to a real person. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped me understand what documents I needed to gather before my tribunal hearing.
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Keisha Brown
•Thanks for sharing that! I've been trying to call NYS Department of Labor for days with no luck.
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Emma Anderson
Just went through my tribunal hearing two weeks ago and won! The judge asked detailed questions about the circumstances of my separation. My employer didn't even show up to the hearing which helped my case. Make sure you speak clearly and stick to the facts. Don't get emotional even if you're frustrated. The decision came in the mail about 10 days later.
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Keisha Brown
•That gives me hope! Did you get back pay for all the weeks you were denied?
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