Apply anyway! Even if they fire you, you should file your claim right away. The adjudication process will determine if your attendance issues constitute misconduct. Don't assume you're disqualified - let NYS Department of Labor make that determination based on all the facts.

I went through something similar last year. The important thing to understand is that NYS Department of Labor distinguishes between different types of misconduct. Simple tardiness due to childcare issues often doesn't rise to the level of "willful misconduct" that would disqualify you. I'd recommend documenting everything - keep records of your childcare provider's schedule changes, any daycare closures, doctor visits for your child, etc. When you apply, be completely honest about the circumstances. Many parents face these exact challenges and the system does recognize legitimate childcare conflicts as different from just being irresponsible. Also, even if you're initially denied, the appeals process gives you a chance to present your case more thoroughly with all your documentation.

smh at everyone saying "just call them"... like have yall TRIED calling ny unemployment lately? You'll be on hold for 5+ hours only to get disconnected. The system is broken af.

I went through almost the exact same thing 2 years ago - quit after 15 years due to stress-related health issues. Here's what I learned: NY does allow unemployment for "good cause" resignations, but you need ROCK SOLID documentation. Get your doctor to write a letter stating that continuing employment would pose serious health risks and that resignation was medically necessary. Also document everything about your work conditions - emails about workload, any attempts to get help from management, evidence of the toxic environment. The online system will probably auto-deny you, so be prepared to appeal. I had to go through 3 months of back and forth, but eventually got approved with full backpay. The key is having all your documentation ready and being persistent. Don't let the initial denial discourage you - fight it!

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

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!

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

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.

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.

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!