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!

Friendly reminder to all my fellow unemployed peeps: Don't forget to set aside money for taxes! Unemployment benefits are taxable income. Learned that the hard way last year 😅💸

Hey Liam! I'm in a similar boat - been on unemployment for about 4 months now. From what I've learned, NY gives you 26 weeks max for regular UI benefits. No extensions right now unfortunately 😞 I'd definitely recommend starting your job search ASAP if you haven't already. The 26 weeks goes by faster than you think! Also, keep checking the NYSDOL website regularly - sometimes they announce new programs or extensions with little notice. One thing that helped me was setting up job alerts on multiple sites and treating job searching like a full-time job itself. Hang in there! 💪

try calling right when they open at 8am that worked for me once

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.

just a heads up the $504 is before taxes. they'll take out federal taxes if you elect to have them withheld, which i recommend unless you want a surprise bill next april

Also worth noting that the $504 maximum assumes you had pretty high earnings - you'd need to have made around $13,104 in your highest quarter to qualify for the full amount. Most people get less than the maximum. The formula is your high quarter earnings divided by 26, so if you made $10,000 in your best quarter, your weekly benefit would be around $385. The system looks at your base period wages, not just your most recent job, so if you had a higher-paying job earlier in that timeframe it could help your benefit calculation.