I work as a benefits advocate and have helped many people navigate NYS Department of Labor misconduct determinations. Your situation sounds very promising for approval! The key factors working in your favor are: 1) You always called in (shows good faith communication), 2) The tardiness was due to legitimate childcare issues (beyond your control), and 3) You only had one written warning before the additional incidents. NYS DOL typically looks for a pattern of willful disregard after multiple clear warnings. Childcare emergencies are generally viewed as excusable circumstances, not misconduct. When you file, be sure to emphasize that these were unexpected childcare situations that you communicated about immediately. Include any documentation like daycare closure notices or babysitter emergency texts. Even if initially denied, your case sounds very winnable on appeal. Don't let your employer's misconduct claim discourage you from filing - they have the burden of proving willful misconduct, which is a high standard.

I'm new to this community but dealing with a similar situation right now. My employer is claiming misconduct after I was let go for missing work due to my elderly parent's medical emergencies - I had to take them to urgent care twice and the ER once over the past month. Like you, I always called in ahead of time when possible, but they're saying it's "excessive absenteeism." Reading through all these responses has been really eye-opening about how NYS Department of Labor actually evaluates misconduct versus legitimate circumstances beyond our control. It sounds like the key is having documentation and showing that we communicated in good faith. I'm planning to gather all my medical records and hospital visits as proof that these were genuine emergencies, not just skipping work. Has anyone else dealt with family medical emergency situations like this? I'm hoping NYS DOL will see this the same way they view childcare emergencies.

same boat here, got let go 3 weeks ago for not hitting sales targets and my claim got approved pretty quick. just be honest about everything

Hey Sayid, I went through something similar about 6 months ago. Got terminated for performance issues after struggling to keep up with the workload at my job. I was really worried about getting denied, but I ended up getting approved for benefits. The key thing is that performance issues usually aren't considered "misconduct" unless you were deliberately not doing your job or violating company rules. Since you mentioned it's about deadlines and quotas, that sounds like a performance issue rather than misconduct. Just make sure to file your claim right away if it happens - you can always appeal if they initially deny you. The whole process was less scary than I thought it would be.

I'm dealing with a similar situation right now - my employer is contesting my claim even though they told me the layoff was due to "restructuring." It's so frustrating because I'm running low on money and can't get anyone at NYS DOL on the phone. From what I've learned, employers contest claims to keep their unemployment insurance rates low, but it feels like they're just making life harder for people who are already struggling. Has anyone had luck getting through to an actual person at the Department of Labor recently?

I'm going through the exact same thing right now with my claim being contested after a layoff. What's really helped me is keeping detailed records of everything - I saved the email where my manager explained the layoffs were company-wide due to budget issues, and I documented the date and circumstances of my termination. When you do eventually get through to NYS DOL (keep trying early mornings around 8am), having all that documentation ready makes the process much smoother. Also, don't let the contest discourage you - from what I've seen in this community, legitimate layoffs almost always get approved eventually, even when employers automatically contest them. The waiting is the worst part but you should get your back pay once it's resolved.

I'm going through the same thing right now - filed about 8 days ago and still showing processing status. From what I've read, NYS Department of Labor is really backed up lately so the processing times have been longer than usual. I've been checking my account daily but trying not to stress about it too much since everyone seems to say it's normal. Just make sure you keep doing your weekly certifications like others mentioned because those weeks count once you get approved!

I went through this exact same situation last month! My claim was stuck on processing for almost 3 weeks and I was getting really anxious about it. Turns out NYS Department of Labor just needed extra time to verify my employment history because I had worked for multiple employers in the past year. The key thing is to absolutely keep filing your weekly claims during processing - I almost made the mistake of stopping because I thought there was no point. Once my claim finally got approved, I received all the back payments for the weeks I had certified during the processing period. Hang in there, processing status is totally normal even though it's nerve-wracking!

Common adjudication reasons include verifying you were laid off (not fired for cause), confirming your work history and wages, or checking if you're able and available to work. As long as you were honest on your application and eligible for benefits, adjudication usually resolves in your favor. The key is patience and continuing to file weekly claims throughout the process.

One more thing to add - when you file your initial claim, don't be surprised if the website is slow or crashes, especially on Mondays. The NY.gov system gets overloaded frequently. Try filing early in the morning or late at night when there's less traffic. Also, make sure you have all your documents ready before you start - previous employer addresses, dates of employment, and reason for separation. The system will time out if you take too long to complete the application. And definitely save/screenshot your confirmation number when you finish filing - you'll need it for reference.