


Ask the community...
I'm sorry to hear about your situation - being terminated unexpectedly is really stressful! The good news is that you should definitely be eligible for unemployment benefits in New York. Being 10 minutes late twice in a month is not considered "misconduct" under NYS Department of Labor standards, especially after 3 years of employment. Misconduct has to be willful and substantial - like theft, violence, or repeatedly violating clear workplace policies after warnings. File your claim immediately at my.ny.gov - you can apply online 24/7. Don't delay because there's a waiting period and benefits are calculated from when you file, not when you were terminated. During the application, just state the reason your employer gave you (attendance issues). If they try to fight your claim, NYS DOL will investigate and you'll likely win since occasional tardiness rarely qualifies as disqualifying misconduct. Also keep in mind that even if your claim gets initially denied, you have the right to appeal and present your case. Many people win on appeal even when initially denied. Stay strong and don't let this setback discourage you - you've got rights as a worker in New York!
This is exactly the kind of detailed advice I was hoping for! Thank you so much for breaking down what constitutes misconduct vs just minor issues. I was really panicking about whether being late would disqualify me, but you're right that it seems pretty minor compared to serious violations. I'm definitely going to file online tonight - I didn't realize that benefits are calculated from when you file rather than when you got terminated. That's a crucial detail I almost missed! It's also reassuring to know there's an appeals process if something goes wrong initially. Really appreciate you taking the time to explain all this.
I'm in a very similar situation - just got terminated from my warehouse job after being 15 minutes late three times over two months. My supervisor said it was "chronic tardiness" but I had to take public transit and sometimes the buses were just delayed. Reading everyone's responses here is giving me hope that I might still qualify for unemployment benefits. It sounds like NYS DOL looks at the actual circumstances rather than just taking the employer's word for it. I'm going to file my claim online tomorrow morning. Does anyone know if transportation issues count as a valid reason for occasional lateness, or should I just focus on the fact that it wasn't willful misconduct? Thanks for all the helpful information in this thread - it's really reassuring to see that other people have been through this and came out okay.
I want to add some practical advice based on what I've learned from researching this topic. When you're preparing your documentation, make sure your mental health provider specifically addresses how your condition impacts your ability to perform your job functions - not just that you have anxiety/depression. The NYS DOL needs to see the connection between your mental health condition and your work capacity. Also, if you do decide to quit, try to frame it as "constructive discharge" if your employer failed to provide reasonable accommodations after you disclosed your mental health needs. Keep detailed records of any conversations with HR or your supervisor about your condition. The appeals process exists for a reason, so don't be discouraged if you get an initial denial. Many mental health-related claims are approved on appeal once all the documentation is properly reviewed.
@Kaylee Cook This is incredibly helpful - thank you for breaking down the practical steps! The distinction between having a mental health condition versus showing how it specifically impacts job performance makes so much sense. I hadn t'thought about the constructive "discharge angle" either, but that could apply to my situation since my employer hasn t'been accommodating at all. Do you know if there s'a specific timeframe for documenting these conversations with HR/supervisors, or should I start keeping records from now forward? I m'realizing I should have been documenting things from the beginning, but better late than never I suppose.
As someone who works in mental health advocacy, I want to emphasize that what you're going through is completely valid and you have every right to seek the support you need. The fact that your therapist is recommending time off for treatment shows this is a legitimate medical situation, not something you're making up. One thing I'd add to the excellent advice already shared - consider reaching out to your local NAMI (National Alliance on Mental Illness) chapter. They often have resources and can sometimes provide guidance on navigating unemployment systems with mental health conditions. They might even have volunteers who've been through similar experiences. Also, don't be afraid to use words like "medical condition" and "treatment plan" when describing your situation to the DOL - mental health conditions are medical conditions, full stop. You deserve the same consideration as someone with any other health issue that impacts their ability to work.
@Marcus Marsh Thank you so much for mentioning NAMI - I had no idea they might have resources for navigating unemployment systems. That s'exactly the kind of support I need right now. You re'absolutely right about using medical terminology too. I think I ve'been minimizing my situation by calling it just "anxiety" and depression when really these are serious medical conditions that require treatment. It s'encouraging to hear from someone in mental health advocacy that validates what we re'going through. I m'going to look up my local NAMI chapter today. Having advocates and people who understand the system could make all the difference in getting through this process.
I just went through this same process a couple months ago after getting laid off from my restaurant job. The NYS Department of Labor calculation definitely isn't straightforward at first! What really helped me understand it was looking at my actual quarterly wage statements - you can usually find these on your pay stubs or request them from HR. Since you worked 8 months at $18/hour, you likely have wages in at least 2-3 quarters which should meet the minimum requirements. One tip: when you file your claim, make sure all your employer information is exactly right (business name, address, etc.) because any errors can delay your processing. Also keep track of your job search activities from day one since you'll need to report them weekly to maintain eligibility. The waiting can be stressful but having that weekly benefit amount definitely helps bridge the gap while you're looking for your next opportunity.
Thanks for sharing your experience! That's a really good point about making sure all the employer information is exactly correct - I hadn't thought about how small errors could cause delays. Quick question about the job search activities you mentioned - do you remember what specific types of activities they required you to report? Like did you need to apply to a certain number of jobs per week, or were there other requirements too? I want to make sure I'm doing everything right from the start so I don't run into any issues with maintaining my eligibility.
I can definitely relate to the confusion about NY unemployment calculations! When I got laid off from my office job last year, I spent hours trying to figure out what I'd actually receive. The key thing that helped me was understanding that NYS looks at your "base period" which is typically the first 4 of the last 5 completed calendar quarters before you file. Since you've been working 8 months at $18/hour, you should have a solid wage history. I'd recommend filing your claim ASAP - don't wait trying to optimize timing because you'll lose potential benefit weeks. Also, definitely gather all your pay stubs and employment info before starting the online application. The process took about 10 days for me to get my first payment, but having everything organized upfront really helped speed things along. One last tip: start documenting your job search activities immediately since you'll need to report them weekly to maintain eligibility. Good luck with both the claim and finding your next job!
Great advice from everyone here! Just to add one more tip for finding your UI number - if you're having trouble locating it in your online account, it's also printed on any correspondence you receive from NYS Department of Labor, including your monetary determination letter and any notices about your claim. I always keep a screenshot of mine saved on my phone since you need it so frequently when dealing with unemployment stuff. Also seconding what Noah said about keeping it secure - treat it like you would any other important account number.
This is super helpful! I didn't think to screenshot it - that's a really smart idea since I'm always fumbling around looking for it when I need to call. Quick question though - does the UI number ever change or is it the same throughout your entire claim period? I'm worried about accidentally using an old number if I have to reopen my claim later.
@NebulaKnight Your UI number stays the same throughout your entire benefit year, even if you have to reopen your claim or file additional claims within that year. However, if you file a completely new claim in a different benefit year (like if you become unemployed again after working for a while), you might get assigned a new UI number. But for your current claim period, that number won't change, so your screenshot should be good to keep using. Just make sure you're always using the most recent correspondence if you're ever unsure!
Another thing to keep in mind - if you ever need to reference your UI number over the phone with NYS Department of Labor, they might ask you to spell it out digit by digit for verification purposes. I learned this the hard way when the representative couldn't understand me clearly and I had to repeat it multiple times. Also, some automated phone systems will ask you to enter your UI number using your keypad, so it's helpful to have it written down rather than trying to read it off your phone screen while navigating the phone menu. The whole unemployment system can be overwhelming when you're new to it, but once you get familiar with these basic terms like UI number, weekly certification, and benefit year, it becomes much easier to navigate.
This is really practical advice, thank you! I hadn't thought about the phone keypad issue - that would definitely be frustrating to deal with when you're already stressed about your claim. Speaking of the automated systems, does anyone know if there are specific times of day that are better for calling NYS Department of Labor? I've heard early morning is best but wanted to see if others have had success at different times. Also, @Anthony Young, when you mention weekly certification - is that the same thing as filing your weekly claim for benefits?
Isaiah Thompson
Just make sure you're honest about everything when you file your weekly claims. They audit people all the time and if they find out you weren't reporting business income correctly you could owe back all the benefits plus penalties.
0 coins
Ava Williams
I went through this exact situation about 8 months ago when I started doing freelance graphic design work. The key thing I learned is that you absolutely have to report ALL income from your business activities, even if it's just $20 here and there. NYS Department of Labor considers any work you do for pay as "employment" regardless of whether you're W2 or 1099. I kept detailed records of every client payment and reported it on my weekly certifications. As long as you're genuinely still job searching (and can prove it with applications), you should be okay. Just be prepared for your weekly benefit amount to fluctuate based on what you earn from the business each week.
0 coins
Sofia Gutierrez
•This is really helpful to hear from someone who actually went through it! How did you handle the job search requirement while building your freelance business? I'm worried about spending time on client work when I should be applying to regular jobs, but I also need to deliver quality work to keep my consulting clients happy. Did you have any issues with NYS questioning whether you were truly available for full-time employment?
0 coins