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The restaurant industry can be complicated for unemployment because of tip reporting issues. Make sure all your wages were properly reported to NYS Department of Labor by your employer. Sometimes cash tips that weren't reported can affect your benefit calculation even if you technically worked enough.
omg yes the tip thing is so confusing!! i worked at a diner and they barely reported any of my tips so my wages looked super low on the unemployment application
If you're having trouble getting through to NYS Department of Labor to file your claim, I recently discovered this service called Claimyr (claimyr.com) that helps you actually reach a live agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. I was stuck trying to get through for days and this got me connected in about 20 minutes. Really helped me get my claim moving when I couldn't reach anyone through the regular phone lines.
The whole system is rigged anyway. They make it impossible to quit a toxic job but then scrutinize every firing to see if they can deny benefits. I've seen people get denied for the stupidest reasons while others who clearly gamed the system get approved. NYS Department of Labor adjudication is totally inconsistent.
Don't get your hopes up too high. The whole unemployment system is designed to make it as hard as possible to actually get benefits. They'll find any excuse to deny your claim or make you jump through hoops. I know people who worked for years and still got denied for stupid technicalities.
Andrew Pinnock
wait so if my kid gets sick and I have to stay home that counts as misconduct?? thats insane
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Lucas Bey
•Not necessarily - it depends on factors like whether you exhausted other childcare options, if you gave proper notice, if you tried to arrange coverage, and what your company's policies were. Child care emergencies can sometimes qualify as good cause but it's evaluated case by case.
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Charlotte Jones
Update: I think I'm going to appeal this. Reading through everything you all posted it sounds like my situation might have some gray areas worth fighting for. At minimum I need to understand exactly what they consider misconduct in my case.
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Lucas Bey
•Good choice! You have 30 days from the determination date to file your appeal. Make sure to gather any documentation about your childcare situation and attendance records.
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