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Being fired for attendance doesn't automatically disqualify you but it does make things more complicated. During the adjudication process, NYS Department of Labor will contact both you and your employer to get the full story. Your former employer will probably argue it was misconduct, so you need to be prepared to explain your side clearly. Document everything and be ready to provide medical records if health was a factor.
I'm new to this whole unemployment process but wanted to share what I learned from a friend who works in HR. She told me that NYS Department of Labor looks at whether your attendance issues were "willful" or due to circumstances beyond your control. If you have medical documentation showing you were genuinely ill, that's definitely not willful misconduct. Also, make sure to file your claim as soon as possible - there are time limits and you don't want to miss out on benefits you might be entitled to. The adjudication process can take a few weeks, but it's worth going through if you have legitimate reasons for your absences.
This is really helpful advice! I'm dealing with a similar situation right now - got let go for missing work due to some family emergencies. I didn't realize that NYS Department of Labor distinguishes between willful misconduct and circumstances beyond your control. That gives me hope that my case might be viewed more favorably. Quick question though - when you mention filing "as soon as possible," do you know what the actual deadline is? I was terminated about a week ago and want to make sure I don't miss any important timeframes.
Same thing happened to my brother last year except his was only like $800. He just paid it right away to avoid the hassle but now I'm wondering if he should have appealed it first. These overpayment letters seem pretty common unfortunately.
I had a similar overpayment issue with NYS Department of Labor about 18 months ago. My advice: don't panic, but do act quickly within that 30-day window. First, gather ALL your documentation - weekly claim forms, correspondence, pay stubs, anything that shows you reported correctly. Second, call the overpayment unit directly (different from regular unemployment line) - the number should be on your notice. Third, if you truly believe you reported everything correctly, absolutely file an appeal AND request a waiver simultaneously. You can do both. The waiver process looks at whether the overpayment was due to agency error or circumstances beyond your control. Even if the waiver is denied, having documentation ready helps with setting up a reasonable payment plan. Don't let them intimidate you - you have rights in this process.
This is really helpful advice! I'm curious about the waiver process - what kind of circumstances beyond your control did they accept? I'm worried that even though I reported everything correctly, they might still say it was somehow my responsibility. Also, do you know if there's a specific form for requesting a waiver or is it just something you ask for when you call?
just apply anyway, even if its not a ton of money its better than nothing and you paid into the system through your payroll taxes so you earned it
I went through this same situation last year when I got laid off from my retail job. With your $18/hour wage, you should definitely apply - I was making similar and ended up getting around $380 per week. The application process can be frustrating but it's worth it. Make sure you have all your recent pay stubs ready and apply as soon as possible since there's usually a waiting period. Also start your job search right away since you have to show you're actively looking for work to keep getting benefits. The money definitely helped me cover rent and groceries while I found something new.
@Connor Murphy That s'really helpful to know! How long did it take for your benefits to start after you applied? I m'worried about the gap between filing and actually getting paid since I don t'have much saved up.
You should still file the claim anyway! Sometimes the reasonable assurance determination isn't clear-cut, especially for subs. Let NYS Department of Labor make the official decision rather than assuming you're disqualified.
I'm a substitute teacher too and went through this exact situation last summer. The reasonable assurance rule is confusing, but here's what I learned: even if you worked regularly at the same schools, as a substitute you're not technically guaranteed work in the fall the same way regular teachers are. The district has to provide you with a written reasonable assurance letter that specifically states you'll have work available. Without that letter, you might still be eligible for benefits. I'd recommend filing anyway and letting them make the determination - worst case they deny it, but you might be surprised. Also document everything about your work patterns and save any communication from the district about future availability.
This is really helpful! I never thought about the written letter requirement. I haven't received anything official from the district about next year's work, just verbal mentions that they'll probably need subs again. Should I reach out to HR and ask them directly if they plan to provide reasonable assurance documentation? I want to make sure I have all the facts before I file my claim.
Mateo Sanchez
Just want to add - make sure you file your weekly claims even while your initial claim is being reviewed! A lot of people don't realize you have to keep certifying every week or you'll lose benefits for those weeks.
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CosmicCadet
I went through something similar when I got fired for supposedly having a "bad attitude" but really it was because I questioned unsafe working conditions. The key thing is to file your claim immediately - don't wait! When you file online, be honest about being terminated but explain your side in the comments section. NYS Department of Labor will contact both you and your employer to get the full story. Keep all your documentation (doctor notes, texts about car trouble, etc.) handy because they might ask for it during the investigation. Even if you get initially denied, you can always appeal. The worst thing that can happen is they say no, but you won't know unless you try!
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