New York Unemployment

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I'm going through a similar situation right now and this thread has been incredibly helpful! I got fired from my food service job two weeks ago for "attitude problems" but really it was because I kept asking management about getting the broken freezer fixed and proper cleaning supplies. They said I was being "difficult" and "not a team player." Reading everyone's experiences here, especially about the timeline of raising safety concerns versus when disciplinary actions started, makes me realize I should probably file for unemployment too. I've been hesitating because I thought getting fired automatically disqualified you, but it sounds like the circumstances really matter. The retaliation angle that several people mentioned really resonates with my situation. Thanks to everyone who shared their stories - it's giving me the confidence to actually file my claim instead of just worrying about it.

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Your situation sounds really similar to what others have described here! The fact that you were asking about fixing broken equipment and getting proper cleaning supplies - those are absolutely legitimate safety and health concerns, especially in food service. Being labeled as having "attitude problems" for advocating for basic workplace safety is such a classic example of retaliation. I'd definitely encourage you to file - from everything I've read in this thread, NYS Department of Labor takes these kinds of situations seriously. Document everything you can remember about when you raised the concerns versus when they started calling you difficult. Food service has so many health and safety regulations that your requests were probably not just reasonable but legally required. Don't let them intimidate you out of benefits when you were just trying to ensure a safe workplace!

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I'm dealing with a similar situation right now - got fired from my delivery job last month for what they called "insubordination" but it was really because I refused to drive the company van that had faulty brakes. I kept telling my supervisor it wasn't safe and needed to be fixed, but they said I was being "difficult" and "not following orders." Finally they terminated me saying I had a "bad attitude" and wasn't "coachable." Reading through all these responses is giving me so much clarity - I had no idea that being fired for raising safety concerns could actually strengthen your unemployment case rather than hurt it. I was so worried about filing because I thought any termination would automatically disqualify me. But seeing how many people here had success, especially those who were initially denied but won on appeal, is really encouraging. I'm going to file this week and make sure to document the timeline of my safety complaints versus when the disciplinary actions started. Thanks everyone for sharing your experiences - this community is such a lifeline when you're navigating this stressful process!

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Your situation is exactly what everyone's been talking about in this thread - refusing to drive an unsafe vehicle is not insubordination, it's protecting yourself and the public! You absolutely did the right thing by refusing to drive with faulty brakes. That's not being "difficult" - that's following basic safety protocols that any reasonable employer should support. The timeline you mentioned (safety complaints first, then suddenly you're "not coachable") fits the same pattern everyone else has described. When you file your claim, definitely emphasize that you were terminated for refusing to operate unsafe equipment - NYS Department of Labor will see right through their "bad attitude" excuse. Document everything about those brake issues and your reports to supervisors. You've got a really strong case here!

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same boat here, lost my restaurant job and trying to figure out if unemployment will even be worth it with all the hoops they make you jump through

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It's definitely worth filing! Even if the process seems complicated, you've been paying into the system through your paychecks so you've earned those benefits. The weekly filing and job search requirements become routine after a few weeks. Don't let the bureaucracy discourage you from getting the financial support you need while job hunting.

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Just went through this process myself after getting laid off from my office job. One thing to keep in mind is that your weekly benefit amount is roughly 50% of your average weekly wage, but capped at the maximum. With your $52k salary, you were making about $1,000 per week, so you'd likely qualify for around $430-450 weekly like others mentioned. Also heads up - you can choose to have taxes withheld (10% federal) when you set up your claim, which I'd recommend so you don't get hit with a big tax bill later. The money definitely helps cover basics while job searching!

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Make sure you keep applying for jobs while your claim is processing too. Even if you end up getting approved, you'll need to show job search activity for your weekly claims. NYS Department of Labor requires work search contacts now.

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I went through something very similar with a toxic manager situation. The key things that helped my case were: 1) Keep detailed records with dates/times of incidents, 2) Any written communications (emails, texts) showing the hostile behavior, 3) Witness statements from coworkers if possible. When you file, be very specific about how the work environment became intolerable - don't just say "hostile workplace" but explain the specific behaviors and how they affected your ability to work. Also document if you tried to resolve it through HR or management first. NYS DOL looks favorably on cases where you attempted to fix the situation before quitting. The emails and witness statements you mentioned should definitely help your case!

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This is really helpful advice! I'm in a similar situation right now and wondering - how detailed should the incident documentation be? Like should I include every single interaction or just the most serious ones? Also, did you have any issues with former coworkers being willing to provide witness statements? I'm worried some of mine might be hesitant since they still work there.

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@Harper Hill I d'recommend documenting the most serious incidents in detail, but also keep a general timeline of everything - even smaller things can show a pattern of behavior. For witness statements, you might be surprised - some coworkers are willing to help if you approach them privately and explain you re'not trying to get anyone in trouble, just documenting what happened. You could also ask former employees who ve'left the company, as they might be more comfortable speaking up without fear of retaliation. Even if you can t'get witness statements, your own detailed documentation with dates and any written evidence can still be very compelling to NYS DOL.

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One more thing to check - if you worked in multiple states in the past 18 months or had any 1099 income, that can sometimes cause verification delays. Also if your employer is disputing the claim for any reason, that would explain why it's taking so long. The adjudication process for disputed claims can take 6-8 weeks easily.

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I'm going through the exact same thing right now - filed in mid-December and still stuck in "under review" status with no explanation. It's incredibly frustrating when you've done everything they asked and still get radio silence. I've been documenting everything (screenshots, call logs, submission confirmations) just in case I need to escalate this later. Has anyone had luck reaching out to their local state representative's office? I've heard they sometimes have direct contacts at the Department of Labor who can actually look into specific cases.

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this whole system is so messed up... you can work somewhere for years and then they make your life hell but if you leave you might not get benefits. meanwhile people who barely worked get approved right away

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I understand the frustration, but NYS Department of Labor has to have rules to prevent abuse. The key is knowing how to document your situation properly so you can prove legitimate reasons for leaving.

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I've been through something similar and the key thing I learned is that NYS Department of Labor really focuses on the employer's burden to prove misconduct. In my case, I was dealing with a supervisor who was creating impossible situations - giving contradictory instructions, setting unrealistic deadlines, then writing me up when I couldn't meet them. When I eventually got terminated for "performance issues," I was still approved for unemployment because the employer couldn't prove I was willfully violating policy or being insubordinate. The adjudicator told me that being bad at your job isn't misconduct if you're trying your best. Document everything though - dates, times, witnesses, emails. If your supervisor is creating a hostile environment, that paper trail will be crucial whether you end up getting fired or decide to quit for good cause.

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