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same boat here, employer said I was insubordinate but really I just questioned a safety issue. like isn't that what we're supposed to do?? this whole system is rigged against workers
@Zoe Papadakis Questioning safety issues is actually protected in most cases! That s'not insubordination - that s'looking out for everyone s'wellbeing. Make sure you emphasize that safety concern angle in your appeal. Document exactly what the safety issue was and why you felt compelled to speak up. OSHA protections might even apply here. Don t'let them frame doing the right thing as misconduct!
I went through a misconduct appeal last year and won! The key thing that helped me was getting organized early. Create a timeline of events with dates, save every piece of documentation (emails, texts, employee handbook, any written warnings), and write down exactly what happened from your perspective while it's still fresh. Also check if your employer has an internal grievance process you should follow first - sometimes that's required before the DOL appeal. The hearing officers are actually pretty fair if you come prepared with facts. Don't give up, a lot of these misconduct determinations get overturned when employees actually fight them!
fr fr they just mad you left for something better 💅
Been through something similar - you should be good as long as you worked enough at the new job to qualify. The most recent separation (your layoff) is what matters for eligibility, not the previous quit. When filling out those forms, be clear about the timeline: quit old job in January for better opportunity, worked new job until laid off in March. Keep it simple and factual. The old employer is probably just trying to avoid their UI tax going up but it shouldn't affect your claim since your qualifying wages came from the new job.
Just make sure you file your claim as soon as possible after losing your job! There's no waiting period in New York but you can't get benefits for any week before you actually file your initial claim. And you have to file weekly claims to continue getting payments even after you're approved.
One thing to add about the "unemployed through no fault of your own" requirement - this also includes certain situations where you quit for "good cause." Things like unsafe working conditions, harassment, significant changes to your job duties or pay, or domestic violence situations can qualify as good cause. So even if you technically quit rather than being laid off, you might still be eligible depending on the circumstances. The NYS DOL will evaluate each case individually to determine if your reason for leaving meets their good cause criteria.
If ur not certifying for a full week that could be why. Like if your benefit week starts on a Monday and you certified from Wednesday-Sunday you'd only get partial payment. Just a thought.
This exact thing happened to me two months ago! Got $180 instead of my usual $360 with zero explanation. Turns out they had flagged my claim for "review" because I had briefly worked a temp job 4 months earlier that somehow triggered their system. The kicker? They never sent any notification about the review or the payment reduction. I only found out when I finally got through to someone after calling for literally 3 weeks straight. The agent said it's becoming super common lately - their system is automatically flagging claims for various reasons and reducing payments without proper notice. Keep trying to get through because mine got resolved once I spoke to an actual person, but it took about a week after that call for payments to return to normal.
Zoe Walker
Wait, I'm confused about something similar. If I worked one day but forgot to report it on my weekly claim, is that considered an overpayment? I only made like $80 that day but now I'm worried I'll owe money back.
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Ava Harris
•Yes, any unreported earnings can result in an overpayment, even small amounts. The key is to report it as soon as you realize the mistake by calling NYS Department of Labor or updating your claim information online if possible.
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LunarEclipse
I was in a similar situation a few months ago and decided to proactively contact NYS Department of Labor when I realized I had underreported my part-time earnings. It was definitely nerve-wracking, but the representative I spoke with was actually helpful and appreciative that I came forward voluntarily. They had me submit corrected information and calculated the overpayment amount - ended up being around $900. Since I reported it myself, they waived any potential penalties and just required repayment through monthly deductions from my remaining benefits. My advice would be to contact them sooner rather than later if you're confident you made an error. The longer you wait, the more it might look like you were trying to hide something.
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PaulineW
•That's really good to know that being proactive can help avoid penalties! I've been going back and forth on whether to contact them first or wait to see if they catch it. Your experience makes me think I should probably call them this week. Do you remember roughly how long the whole process took from when you first contacted them to when they had everything sorted out with the payment plan?
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