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ugh this is bringing back memories of my own nightmare with NYS Department of Labor appeals. took forever but i eventually got my benefits. the waiting is the worst part when youre already stressed about money
I went through a similar appeal process last year for attendance issues related to my son's medical appointments. The key thing that helped my case was showing that I had communicated with my supervisor about the situation and that the company didn't follow their own progressive discipline policy. Document everything - emails, texts, even notes from verbal conversations with dates. Also, check if your employee handbook mentions anything about accommodating family emergencies or childcare issues. The hearing officer will want to see that you made good faith efforts to address the attendance problems and that your employer didn't give you a fair chance to improve. Don't let them intimidate you - many of these misconduct denials get overturned when the employer can't prove willful misconduct.
The whole system is so confusing!! I don't understand why they make it so hard to get benefits when you really need them. Good luck with your claim.
I went through something similar last year when I was terminated from my job. The key thing to remember is that NYS Department of Labor looks at whether your actions were willful misconduct versus just poor performance or circumstances beyond your control. Transportation issues that caused tardiness might not be considered misconduct if you were making good faith efforts to get to work. When you file your claim, definitely mention the transportation challenges - it shows you weren't being deliberately negligent. Also, keep records of any documentation from your employer about the termination reason. The whole process can take a few weeks, so file as soon as possible. Don't let the "fired for cause" label discourage you from applying - many people in similar situations still qualify for benefits.
Just file the claim online through my.ny.gov and let the system work. Being fired doesn't automatically disqualify you - only if it was for gross misconduct like theft or violence. Attendance issues usually fall into a gray area that gets decided case by case.
I went through something similar last year when I was fired from my restaurant job for being late too often. The NYS Department of Labor approved my benefits because I could show that most of my tardiness was due to my second job running late (I was working two jobs to make ends meet). The key is being completely honest in your application and providing context for why the attendance issues happened. Don't just say "I was late" - explain the transportation problems, childcare issues, etc. Also, start your claim immediately even if you're unsure about eligibility. You can always appeal if they deny you initially, but you can't get backpay for weeks you didn't file. The worst thing that happens is they say no, but you won't know until you try.
File ASAP!! Even if you think they might deny you. I made the mistake of waiting because I thought I wouldn't qualify and lost out on like 3 weeks of benefits while I was overthinking it.
I went through something similar about 6 months ago - also fired for "performance issues" after 2+ years at my job. I was terrified to file but I'm so glad I did. The NYS Department of Labor approved my claim because performance issues alone usually don't qualify as misconduct. The key is being honest in your application but not over-explaining. Just state the facts: you were terminated due to performance concerns. If your employer contests it, you'll get a chance to tell your full story during the phone interview. Don't let fear stop you from filing - you've been paying into this system and deserve to use it when you need it. Good luck!
Ellie Kim
I feel your pain, OP. Been there, done that. It's like trying to win the lottery just to talk to a human being. Have you tried calling right when they open? Sometimes that works for me.
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Fiona Sand
•Good advice, but don't forget to be persistent. It might take multiple tries.
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Lourdes Fox
I've been in the exact same situation and it's beyond frustrating! What finally worked for me was a combination of calling right at 8 AM sharp and using the auto-redial feature on my phone. I also found that Tuesday through Thursday tend to be slightly less busy than Mondays and Fridays. One thing that helped was having someone else call from a different phone at the same time - doubled my chances of getting through. Also, don't hang up if you get put on hold for a long time, even if it's been over an hour. I waited 2.5 hours once but finally got through. The key is persistence and not giving up. You got this!
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