Just wanted to say good luck to your brother. Even if the unemployment doesn't work out, there are other resources available while he's job hunting.

I work in HR and can confirm that drug test failures are typically classified as misconduct by NYS Department of Labor. However, there are some nuances your brother should be aware of. If the company didn't follow proper testing procedures, if he has a valid prescription that could explain the results, or if there were issues with the chain of custody for the test, these could be grounds for appeal. He should definitely file the claim regardless - don't let HR discourage him from applying. The worst they can do is deny it, but sometimes employers don't provide adequate documentation to support their misconduct claim. Also make sure he keeps all paperwork from his termination and any communication with the employer.

FINAL UPDATE: Just wanted to let everyone know the money came through this morning! Full backdated amount including all the extra $435 payments. Literally went from $0 to over $9,000 in my account. After 3 months of stress and financial hardship, I can finally breathe again. For anyone else stuck in pending limbo: don't give up, keep certifying weekly, and definitely find a way to speak to a human agent who can see what's actually happening with your claim.

Congratulations on finally getting your benefits! Your story is so encouraging for others dealing with similar situations. $9,000 after 3 months of waiting must feel incredible. It's crazy that it took using a third-party service to get through to someone who could fix what was apparently a simple system glitch. Really shows how broken the communication is when people are left in limbo for months without any explanation. Thanks for sharing your journey and keeping everyone updated - stories like yours give hope to others still waiting!

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.

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.

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!

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.