


Ask the community...
Just apply and see what happens. Worst case they say no and you appeal. I've been through this process twice and honestly you never know how it'll go until you try.
@Fiona Sand definitely include those doctor's notes when filing! Medical absences with proper documentation are usually not considered willful misconduct. When you file online or over the phone, there's usually a section where you can explain the circumstances of your termination - mention that you had legitimate medical reasons with documentation. NYS Department of Labor needs to see the full picture from the start. Also keep copies of everything including any communication with your supervisor about the absences.
File immediately! Even if there's going to be an investigation, you want to get your claim date established. I waited too long when I got fired and lost out on like $800 because the benefits don't backdate to before you actually file.
Don't let the "performance issues" label scare you away from filing. I work in HR and see this all the time - employers often use vague terms like that to avoid unemployment liability, but it rarely holds up with the Department of Labor unless there's documented willful misconduct. The fact that you were caring for a sick child and had no prior written warnings actually works in your favor. NY has strong protections for family care situations. File your claim today and be honest about everything - both the performance issues they cited AND the family care absences. The DOL investigators are pretty good at seeing through employer BS when there's no real documentation of misconduct.
omg yes get that fixed!! I worked somewhere that did this by accident for like 6 months before anyone noticed
Definitely sounds like a payroll error! As others mentioned, FUTA is entirely the employer's responsibility - you should never see it deducted from your paycheck. In New York, employees don't pay into unemployment insurance at all, unlike some other states. I'd recommend bringing your pay stub to HR right away and asking them to explain the deduction. They'll likely need to correct it and reimburse you for any amounts already taken. Also keep documentation of this in case you need to reference it later when dealing with NYS Department of Labor for any unemployment benefits.
Just wanted to add that even if your church is exempt, it's still worth keeping track of your hours and wages there for documentation purposes. You never know when that information might be needed for other benefit programs or if the church changes their election status in the future.
I went through something similar when I worked at a nonprofit with religious ties. The key thing is to check your actual paystub - if you see "SUTA" or "State Unemployment" being deducted, then your church is participating in the system. If not, they're likely exempt. Also, don't forget that you can always create an online account with NYS Department of Labor to view your wage history and see which employers have reported wages for you. That's probably the most reliable way to know for sure without having to ask your employer directly.
That's a great point about checking the paystub for SUTA deductions! I never thought about creating an online account to view wage history - that sounds like the most straightforward way to get a definitive answer. Do you know if there's a waiting period before wages show up in the system, or do they appear pretty quickly after you start working?
Christopher Morgan
The NYS Department of Labor system is so broken. They make you jump through hoops even when you deserve benefits. I got fired for 'performance issues' which was basically my boss not liking me, and they still made me wait 6 weeks while they 'investigated.' Meanwhile bills don't stop coming. Good luck dealing with their bureaucracy.
0 coins
Aurora St.Pierre
•I feel this so much. The whole system seems designed to make you give up.
0 coins
Anderson Prospero
I went through something similar when I got let go for attendance issues last year. The NYS Department of Labor will review your case individually - they look at whether you had good cause for the absences and if your employer followed their progressive discipline policy. Since you have documentation of car trouble, make sure to gather any repair receipts or records showing when your vehicle broke down. Also check if your employer has a written attendance policy - sometimes they don't follow their own procedures which can work in your favor. File your claim as soon as possible because even if approved, there's usually a one-week waiting period before benefits start.
0 coins
StarSeeker
•This is really helpful advice! I didn't even think about checking if my employer followed their own attendance policy. I do have some receipts from when my car was in the shop - should I upload those when I file online or bring them to an in-person appointment? Also, did you have to do a phone interview as part of their review process?
0 coins