Make sure you keep copies of everything you submit. NYS Department of Labor sometimes loses paperwork and you'll need to resubmit. Also check if your state has an employer portal online - might be easier than fax or mail.

I went through this process last year and here's what worked for me: respond to that initial notice immediately with ALL your documentation - don't wait. Include the attendance policy, signed acknowledgment from the employee, time records showing violations, the written warning, and detailed incident reports for the insubordination. NYS Department of Labor looks for a clear pattern of misconduct, not just isolated incidents. Also, keep in mind they'll interview the employee too, so make sure your documentation tells a complete story. The hearing process can be stressful but if you have solid documentation, you have a good chance of winning the appeal.

Henry, I went through something similar last year. Performance issues alone typically don't constitute misconduct unless there was willful negligence or insubordination. The key question is whether you were genuinely trying to do your job vs. deliberately violating policies. As for the freelance work, as long as you reported it properly and it didn't interfere with your main job duties, it shouldn't disqualify you. I'd strongly recommend applying - NYS Department of Labor will review your specific case and make the determination. You can always appeal if they initially deny you. The application is free and you have nothing to lose by trying.

Henry, I'd definitely echo what others have said about applying anyway. I was in a similar situation where I was terminated for "poor performance" after struggling to meet sales targets, and I was convinced I'd be automatically disqualified. Turns out NYS Department of Labor approved my claim because they determined it wasn't misconduct - just a poor fit between my skills and the job requirements. The key distinction they look for is whether you were willfully violating company policies or just unable to perform despite good faith efforts. From what you've described, it sounds like you were trying your best but had performance struggles, which is very different from misconduct. The freelance work shouldn't be an issue as long as you can show it didn't conflict with your primary employment. Don't let fear of rejection stop you from potentially getting benefits you're entitled to - the application process is straightforward and you'll get a clear answer either way.

Yeah I agree with everyone saying document everything. Also look into whether your situation might qualify under New York's expanded good cause definitions. They've updated some rules in recent years.

I went through something similar last year and was able to get unemployment after quitting due to a hostile work environment. The key things that helped me were: 1) I documented every incident with dates, times, and any witnesses, 2) I sent an email to my supervisor outlining the issues and asking for them to be addressed (which they ignored), and 3) I kept screenshots of inappropriate messages/communications. When I applied for UI, I had to do a phone interview where I explained everything in detail. It took about 4 weeks to get approved, but having all that documentation made the difference. Don't just quit without building a paper trail first - NYS Department of Labor really does need proof that you tried to resolve the issues before leaving.

same thing happened to my cousin except she waited like 3 months to reapply thinking she had to wait and missed out on benefits she could have gotten. definitely dont wait!

I work for a local nonprofit that helps people navigate unemployment benefits, and I can confirm what others have said - you can absolutely reapply right away! Since you're only getting 10 hours/week now, you'll likely qualify for partial benefits. One tip: when you file your new claim online, have your pay stubs from the past 18 months ready because they'll need to verify your work history. Also, don't forget to report your part-time wages each week when you certify - as long as you're earning less than your weekly benefit amount plus $50, you can still get some unemployment money. The system is designed to help people in exactly your situation!

just file online its pretty straightforward, took me like 15 minutes when i reapplied in november

I went through this same process a few months ago after my benefits expired. The key thing is that you need to have earned enough wages in your new base period to qualify - they'll look at your earnings from about 15 months ago up to 3 months ago. Since you've been working part-time since September, you should have enough recent work history. Just be prepared that your weekly benefit amount might be different from your previous claim depending on how much you earned during that base period. The online application really is pretty quick once you have all your info ready.