I was in a very similar situation about 3 months ago and want to echo what everyone else is saying - definitely file your claim right away! I got terminated for what my employer called "misconduct" but it was really just a disagreement over how I handled a workplace safety concern. I was so worried that the misconduct label would automatically disqualify me, but after reading experiences like the ones shared here, I decided to apply anyway. The NYS DOL adjudicator was incredibly thorough and fair - they spent almost 30 minutes on the phone with me asking about the specific incident, my safety training, my work history, and really gave me a chance to explain that I was acting in what I believed was the best interest of workplace safety. They also contacted my employer for their documentation and version of events. The whole process took about 4.5 weeks, but I was approved because they determined that my actions, even if my employer disagreed with them, didn't constitute willful misconduct since I was acting in good faith based on safety concerns. The relief was enormous! The key thing I learned is that the legal standard for misconduct is much higher than just "the employer didn't like what you did." Don't let fear keep you from filing - you have absolutely nothing to lose and everything to gain. Get that application in today!

I've been following this thread closely because I'm dealing with a very similar situation right now. Got fired last month for what my employer is calling "misconduct" but it was really just me questioning a new policy that seemed to contradict our previous training. Reading all these success stories has been incredibly helpful and encouraging! What really stands out to me is how consistent everyone's experience has been - the NYS DOL actually does a thorough investigation and doesn't just rubber stamp whatever the employer claims. The fact that so many people here were able to get approved despite the "misconduct" label gives me a lot of hope. I'm definitely filing my claim this week. For anyone else in this situation who might be reading this thread, it seems like the key takeaways are: 1) File immediately regardless of what your employer calls it, 2) Be completely honest during the adjudication process, 3) Make sure to explain your perspective and the context around what happened, and 4) Remember that legal "misconduct" has a much higher bar than just making a mistake or having a disagreement. Thanks to everyone who shared their experiences - it really makes a difference to hear from people who've actually been through this process successfully!

Just remember that even if your employer doesn't respond in 10 days, you still need to keep filing your weekly claims and doing your job search activities. The 10-day employer response window doesn't affect your ongoing requirements as a claimant.

@Sarah Ali - I went through something similar last year. In my experience, most employers either respond within the first few days or don't respond at all. The 10-day window is pretty firm, and the Department of Labor moves things along fairly quickly once that deadline passes. Since you mentioned not parting on good terms, just make sure you have any documentation that supports your side of things (like emails, write-ups, etc.) in case they do contest it. The good news is that the burden of proof is usually on the employer to show cause for termination that would disqualify you from benefits.

I went through this exact situation about 6 months ago - employer claimed misconduct when it was really a layoff. Here's what helped me win: 1) Organize all your documents chronologically in a folder, 2) Write out a timeline of events leading to your termination, 3) Practice explaining your side clearly and concisely, 4) If you have any coworkers who witnessed the layoff discussions, ask if they'd be willing to testify. The judge will likely ask your employer very specific questions about their misconduct claim - if they can't provide solid evidence (like documented warnings, policy violations, etc.), their case falls apart. You've got this! The fact that you have that budget cuts email puts you in a really strong position.

I'm so sorry you're going through this stress! I had a similar situation last year where my employer tried to claim misconduct after what was clearly a layoff. A few additional tips that really helped me: Keep your answers short and factual - don't get emotional even if your employer says things that upset you. Also, if the hearing is by phone, have a glass of water nearby and take notes while they're speaking so you can address their specific claims. One thing that surprised me was that the judge asked very detailed follow-up questions to my employer about their misconduct allegations, and when they couldn't provide specifics or documentation, it became clear they were just trying to avoid paying unemployment. Your situation with the budget cuts email sounds very straightforward - you should feel confident going in!

I'm going through something really similar right now - my employer at a grocery store keeps changing my schedule last minute even though I told them from day one that I need consistent hours because I'm a single parent. Reading through everyone's experiences here is so encouraging! I had no idea that NYS DOL actually considers childcare conflicts as valid reasons for voluntary quit claims. I've been scared to file because I thought quitting automatically meant no benefits, but it sounds like they really do look at each case individually. I have screenshots of text conversations where I explained my childcare situation to my supervisor, plus some schedule changes that came with literally one day's notice. Based on what everyone's sharing here, it seems like I should definitely file and let them make the determination rather than just assuming I won't qualify. This community has been way more informative than trying to figure this out on my own - thank you all for sharing your stories and advice!

I just want to echo what everyone else is saying about filing your claim right away - don't let the fact that you resigned hold you back! I was in almost the exact same situation a few months ago when my retail job kept scheduling me for closing shifts despite knowing I had to be home for my kids' bedtime routine. I was so worried they'd automatically deny me since I quit, but NYS DOL actually approved my claim after reviewing all the documentation I provided. The text messages you mentioned having are perfect evidence - I used similar screenshots of conversations with my manager where I clearly explained my availability restrictions. The whole process took about 8 weeks for me, but the investigator who called was really thorough and fair in reviewing my case. My advice is to be super detailed when you file about how many times you communicated your childcare needs and how your employer continued to ignore them. Also mention any financial hardship that finding different childcare would have caused. You definitely have a strong case based on what you've described!

Congratulations on finally getting some movement on your claim! Two years is absolutely insane - I can't imagine the stress you've been through. I had a similar situation last year (though only 6 months, not 2 years!) and that email is definitely good news. A few things to watch out for based on my experience: - Double-check that all your certified weeks show up in the payment history once they start processing - Save screenshots of everything as proof - If any weeks seem missing, contact them immediately because it's easier to fix while the backpay is actively being processed The waiting is almost over! Really hoping you get every penny you're owed after this nightmare delay.

Wow, two years is absolutely incredible - you deserve a medal for persistence! I'm so happy to see this finally moving forward for you. Just wanted to add one thing I learned from my own delayed claim experience: when you get that determination letter, pay close attention to the "benefit year end date." Since your original claim was from December 2020, there might be some complexity around benefit year periods that could affect how much backpay you're eligible for. Also, once payments start coming in, keep a simple spreadsheet tracking each deposit with the date and amount - it'll make it so much easier to verify you got everything you're owed. With a case this old and complex, having your own records will be invaluable. Fingers crossed you see that first payment hit your account soon! Please keep us posted on how it goes.