


Ask the community...
WEEKLY FILING IS MANDATORY! I can't stress this enough. The NYS Department of Labor system is very strict about this. Miss a week and you'll be dealing with a nightmare of phone calls and delays. Set a reminder on your phone for every Sunday morning.
Just to clarify the timeline for you - you need to certify WEEKLY (every week) but payments are processed BI-WEEKLY (every two weeks). So your routine will be: File week 1 claim → File week 2 claim → Receive payment for both weeks → File week 3 claim → File week 4 claim → Receive payment for weeks 3&4, and so on. The key is never skip a weekly certification even though you're not getting paid every week. Hope this helps clear up the confusion!
The inconsistency you're seeing is usually because each case gets evaluated on its specific facts. Things like your work history, previous warnings, attempts to resolve the issue, and documentation all matter. That's why appeals are so important - you get a fresh review with a hearing officer who looks at all the evidence.
I went through something really similar last year - got fired for attendance issues after some genuine emergencies. The key thing I learned is that NYS Department of Labor distinguishes between "misconduct" (intentional wrongdoing) and just not meeting expectations. Car trouble and trying to find coverage shows good faith effort on your part. Definitely apply right away and be detailed about your circumstances in the application. Even if you get an initial denial, don't give up - the appeal process gave me a chance to explain my situation properly and I ended up getting benefits. Document everything you can about your attempts to be responsible about attendance.
Wait, I'm confused about something. If they say you committed gross misconduct, does that mean you can never get unemployment benefits again? Or just for this claim? I'm worried because I might be facing something similar at my job.
I work as a paralegal and see unemployment appeals regularly. Your situation sounds like it has a good chance on appeal - attendance issues due to legitimate car trouble and caring for a sick child typically don't rise to the level of gross misconduct under New York law. The Department of Labor has to prove you acted with deliberate intent to harm your employer or willfully violated known policies. Make sure to gather all your documentation (mechanic bills, any communications with your supervisor about the car issues, medical documentation if available for your child) and file that appeal within 30 days. The hearing will give you a chance to explain the circumstances that led to your absences.
You definitely should appeal this. Willful misconduct requires intent to harm the employer or deliberate disregard for their interests. Simple policy violations might not meet that standard depending on the circumstances. The appeal process gives you a chance to present your side and challenge their interpretation.
I work in employment law and see these cases regularly. The key thing to understand is that NYS Department of Labor defines willful misconduct more broadly than most people expect. It's not just criminal behavior - it includes any deliberate violation of reasonable employer rules after you've been given notice that the behavior needs to stop. Since you had two written warnings about phone use, they likely have a strong case. However, you should still appeal because sometimes the employer's documentation is inadequate or the policy wasn't clearly communicated. The worst that happens is you lose the appeal, but you might win if there are gaps in their evidence.
Oliver Alexander
Just went through this process myself a few months ago. One thing to keep in mind is that your base period matters a lot for the calculation. NYS uses your first four of the last five completed calendar quarters before you file. So if you file in 2025, they'll look at your 2024 earnings. If your $1,200/week job was recent, make sure those quarters are included in your base period. Also, even though the max is $504, you still need to file weekly certifications and meet all the eligibility requirements to keep receiving benefits. The good news is the online system at my.ny.gov makes it pretty straightforward once you get your initial claim processed.
0 coins
Nathaniel Stewart
•This is super helpful to understand how the base period calculation actually works! I was worried that starting my high-paying job only 3 months ago would mean I'd get almost nothing, but it sounds like it'll still help boost my average even if it doesn't get me to the full $504 max. Thanks for breaking down the math - the 1/26th formula makes sense now. I guess the key is just making sure you have enough total earnings across all the quarters to meet the minimum requirements.
0 coins
Yuki Tanaka
•This is really helpful to understand - I was wondering about this exact scenario! So basically if I had three quarters of earning around $30k annually and then one quarter at the $1,200/week rate (about $15,600 for that quarter), my benefit would be calculated on the average of all four quarters, not just that high-earning quarter. That makes sense why some people don't get close to the $504 max even when they have periods of higher income. Thanks for breaking down how the 1/26th calculation works - I had no idea it was based on the quarterly average rather than just your most recent or highest earnings.
0 coins
Gabriel Freeman
One more tip that might help - if you're having trouble with the online application or need to make changes to your claim, try logging into my.ny.gov during off-peak hours like early morning or late evening. The system tends to be less busy then and you're less likely to get kicked out mid-process. Also, make sure to keep copies of all your wage statements and employment records handy when you file, since they might ask for verification of your earnings. The automated system will walk you through everything step by step, but having your documentation ready makes the whole process much smoother.
0 coins
Anastasia Kozlov
•That's great advice about using the system during off-peak hours! I just wanted to add that it's also worth bookmarking the NY.gov unemployment page and familiarizing yourself with all the sections before you actually need to file a claim. There's a lot of useful information buried in there about eligibility requirements, appeal processes, and what to do if you have issues with your claim. I wish I had read through everything more carefully before I started my application - would have saved me some confusion later on.
0 coins