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The whole misconduct thing is so subjective anyway! I've seen people get fired for the dumbest reasons and employers always try to claim misconduct to avoid paying higher unemployment taxes. Most of the time NYS Department of Labor sees right through it. Just file your claim and let them sort it out - that's what they're there for.
From what I understand, NYS Department of Labor defines misconduct pretty narrowly - it has to be deliberate wrongdoing that harms your employer's business interests. Just being late occasionally or having professional disagreements usually won't cut it. The key is whether your actions were willful violations of known company rules or policies. I'd definitely apply - worst case scenario they deny you and you can appeal with more details about your specific situation. Don't let your former supervisor's comments discourage you from at least trying!
UPDATE: I uploaded all my documents and called using the Claimyr service that someone mentioned. Actually got through to a real person (shocking!) who confirmed my documents were received and said I made it before the deadline. They also noted in my account that I never received the mail notification. Thanks everyone for your help - you literally saved me from a potential disaster with my benefits.
This is such a helpful thread! I'm in a similar situation - been on UI for 6 weeks and never got any mail about documents. Just checked my online account after reading this and sure enough, there's a message from 10 days ago asking for my W2 and last 3 pay stubs with a deadline next week. The notification system is definitely broken if so many people are missing these requests. Going to upload everything today just to be safe. Thank you all for sharing your experiences!
You're so right about the notification system being broken! I'm a new UI recipient and honestly had no idea I was supposed to check that inbox section - I thought all important stuff would come by email or mail like they used to do. This thread has been a lifesaver for so many people. Makes me wonder how many folks are getting their benefits cut off just because they don't know to look in the right place. Definitely uploading my docs ASAP after reading all this!
UPDATE: I finally got through to someone at DOL! Used that Claimyr service and it actually worked - got connected in about a half hour. The agent was super nice and explained that I should only select "went back to work" after I've actually started working and received pay. She removed the break in claim and said my payment should process in 2-3 business days. So relieved!!! Thanks everyone for your help!!
Just be completely honest when you file. Include both the restructuring reason from your termination letter AND mention the performance warning. Let NYS Department of Labor sort it out during adjudication if your employer contests it. The worst thing you can do is leave out important details that they'll discover anyway.
I had a very similar situation a few months ago - got laid off during "restructuring" but had received some performance feedback earlier. Here's what I learned: NYS Department of Labor cares more about the immediate cause of separation than past performance issues. If your termination letter says position eliminated due to restructuring, that's usually considered involuntary separation through no fault of your own. The performance warning from a month ago probably won't disqualify you unless it was for serious misconduct. When you file, mention both - the restructuring reason and the prior warning - but emphasize that the official reason was budget cuts/restructuring. This shows you're being transparent while making it clear the separation wasn't performance-based. Most importantly, file as soon as possible since there's a waiting period anyway.
Dmitry Kuznetsov
Try calling the Telephone Claims Center at 1-888-209-8124. Have your paperwork and tracking number ready. That's how I got mine pushed through after a 2 week wait. It takes forever to get through but it's worth it if you can spare the time. Best time to call is Tuesday or Wednesday right when they open.
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Ava Thompson
•wait, whats this claimyr thing? never heard of it
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Miguel Ramos
•It's a service that calls unemployment for you and when they get someone on the line, they connect you. Beats spending hours on hold or getting busy signals.
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CosmicCadet
I'm going through something similar right now - had to pay back an overpayment due to their calculation error too. It's so frustrating when they mess up and we're the ones who suffer the consequences. From what I'm reading here, it sounds like the timeline is really unpredictable - anywhere from 10 days to over a month. I'd definitely recommend trying multiple approaches: keep messaging through the portal, try calling that overpayment department number someone mentioned (press 5, then 2, then 1), and maybe consider reaching out to your assembly representative if it goes past 2 weeks. Document everything with dates and keep all your receipts. Hang in there - you're not alone in this mess of a system!
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Darren Brooks
•Thanks for sharing all those tips! I'm definitely going to try the press 5-2-1 trick for the overpayment department. It's crazy how many of us are dealing with their calculation errors - makes me wonder if they're doing this on purpose to create cash flow delays. I'll start documenting everything better too. Really appreciate the support from everyone here - at least we know we're not alone in this bureaucratic nightmare!
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