Can I get unemployment if I was fired for misconduct - NYS Department of Labor rules?
My employer just terminated me last week citing 'misconduct' but I think they're wrong about what happened. I was late a few times over the past month due to childcare issues and they said that constitutes willful misconduct. Can I still file for unemployment benefits with NYS Department of Labor or am I automatically disqualified? I really need these benefits to support my family while I look for new work. Has anyone dealt with a misconduct firing before?
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Jason Brewer
You can absolutely still file for unemployment even with a misconduct firing. NYS Department of Labor has to investigate and determine if it was actually 'willful misconduct' or just poor performance. Being late due to childcare issues might not qualify as willful misconduct depending on the circumstances. File your claim immediately and let them make the determination during adjudication.
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Nina Fitzgerald
•Thank you! Should I mention the childcare situation when I file my weekly claim or wait until they ask?
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Kiara Fisherman
same thing happened to my cousin last year, she got fired for attendance but still got approved for UI benefits after like 3 weeks of waiting
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Liam Cortez
The key is willful vs non-willful misconduct. NYS Department of Labor looks at whether you deliberately violated company policy knowing it could result in termination. Attendance issues due to legitimate reasons like childcare problems often don't meet the willful misconduct standard. Make sure you document everything about your childcare situation and any attempts you made to resolve scheduling conflicts with your employer.
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Savannah Vin
•Wait I'm confused - what if they fire you for being late but you told them about the childcare problem beforehand? Does that make a difference for the adjudication process?
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Liam Cortez
•Yes, that can definitely help your case. If you communicated the issue and tried to work with them on solutions, it shows you weren't being willfully negligent.
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Mason Stone
I had such a nightmare trying to reach NYS Department of Labor when my claim got stuck in adjudication for a misconduct issue. Spent weeks calling that main number and either getting busy signals or disconnected after waiting on hold for hours. Finally found this service called Claimyr (claimyr.com) that actually got me through to a real agent who could explain what documents I needed for my appeal. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much frustration compared to trying to get through on my own.
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Makayla Shoemaker
•Interesting, never heard of that before. Did they charge you a lot for the service?
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Mason Stone
•Actually they don't ask for any personal info upfront and the value was totally worth it compared to the stress of never getting through. Way better than sitting on hold for hours just to get hung up on.
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Christian Bierman
The whole misconduct determination process is such BS honestly. They make you jump through hoops to prove you weren't being deliberately difficult when most of the time it's just companies trying to avoid paying into the unemployment system. I got denied initially for 'poor performance' but won on appeal because I could prove they never properly trained me on the procedures I supposedly violated.
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Kiara Fisherman
definitely file asap because even if they deny you initially you can appeal and the whole time youre appealing you should keep filing your weekly claims
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Sofia Price
I went through something similar about 6 months ago - got fired for what they called "attendance issues" but it was really due to my mom's medical appointments that I had to help with. The NYS Department of Labor actually sided with me during adjudication because I had emails showing I tried to work with my supervisor on the scheduling. The key thing is to file your claim right away like others said, and when they do the fact-finding interview, be honest about the childcare situation and any communication you had with your employer about it. Also keep filing those weekly claims even if your case is under review - you don't want to miss out on benefits for weeks you should have been eligible for. The whole process took about 4 weeks for me but I ended up getting approved and they paid me retroactively for the waiting period.
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Anastasia Sokolov
•That's really encouraging to hear Sofia! I'm in a similar boat - got terminated for attendance but it was all related to my son's daycare having scheduling issues. Did you have to provide any specific documentation during the fact-finding interview, like emails or daycare records? I want to make sure I have everything ready when they call me for the interview.
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