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Been through this exact situation. The hearing was actually pretty easy - just had to explain what happened and show my layoff paperwork. The judge was fair and overturned the denial within a week of the hearing. Don't give up!
I went through something similar when I was wrongly classified as a voluntary quit instead of being laid off. The most important thing is to act quickly on that 30-day deadline for appeals. When you file, be very specific about the error - clearly state that you were involuntarily terminated due to company downsizing, not voluntary separation. Include dates, names of supervisors who conducted the layoff, and any HR documentation you have. Also, if any of your coworkers were laid off at the same time, their contact info could be helpful as witnesses. The hearing officers are usually pretty good at recognizing legitimate cases once they have the facts straight. Stay persistent and keep filing those weekly claims while you appeal!
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.
That's why I used claimyr.com - they deal with the hold times and only connect you when there's an actual human on the line. Worth every penny when you're desperate to get your claim moving.
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!
This is incredibly helpful - thank you for sharing your experience! 3 months sounds brutal but I'm encouraged that you got approved with backpay. When you say "rock solid documentation," how detailed did your doctor's letter need to be? Did they have to specify exact symptoms or just that continuing work would be harmful? I'm meeting with my doctor tomorrow and want to make sure I get the right language.
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!
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.
@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.
Sean Fitzgerald
Same thing happened to my cousin except it was for being late too many times instead of missing work completely. She still got her benefits after explaining the situation during the phone interview.
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Diego Rojas
I work for a nonprofit that helps people navigate unemployment claims, and I can tell you that attendance-related terminations are evaluated case by case. The key factors NYS DOL considers are whether the absences were willful misconduct versus circumstances beyond your reasonable control. Document everything - transportation breakdowns, childcare emergencies, any medical issues. When you file your claim, be completely honest about the attendance issues but also clearly explain the underlying causes. Many people in similar situations do receive benefits, especially when they can show they made good faith efforts to maintain attendance despite legitimate obstacles.
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