Can you get unemployment for misconduct - NYS Department of Labor eligibility?
I got terminated from my retail job last week for what my manager called 'misconduct' but honestly I think it was completely unfair. I was written up twice for being late (traffic issues both times) and then fired when I missed a shift because my car broke down and I couldn't find coverage. My supervisor said I violated company attendance policy. Does this count as misconduct that would disqualify me from unemployment benefits? I really need to know if I should even bother applying with NYS Department of Labor or if I'll just get denied. Has anyone dealt with something similar?
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Ethan Moore
Misconduct for unemployment purposes is pretty specific in NY. It has to be willful disregard of your employer's interests or deliberate violation of rules. Simple attendance issues usually don't qualify as misconduct unless you were repeatedly warned and deliberately ignored the policy. You should definitely file your claim - let NYS Department of Labor make the determination. Even if they initially deny you, you can appeal the decision.
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Aisha Ali
•That's encouraging to hear. I was genuinely trying to get to work, it wasn't like I was skipping on purpose. Should I mention the car problems when I file?
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Yuki Nakamura
i got fired for being late too many times and still got unemployment after appealing it. took forever tho
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StarSurfer
The key thing with misconduct is intent. If you can show you made good faith efforts to get to work and had legitimate reasons for the absences, that's not misconduct. Keep any documentation you have about your car breaking down, text messages to your supervisor about trying to find coverage, etc. NYS Department of Labor will want to see evidence that you weren't just blowing off work. File your weekly claims right away even if the claim is under review.
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Carmen Reyes
•Wait, can you file weekly claims before they approve your initial claim? I thought you had to wait for the determination first.
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StarSurfer
•No, you should file your weekly claims starting immediately after you apply. If your claim gets approved later, you'll get backdated payments for those weeks. If you don't file the weeklies, you lose those weeks entirely.
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Andre Moreau
I had a nightmare trying to reach someone at NYS Department of Labor when my claim got flagged for review. Spent weeks calling and getting nowhere. Eventually found this service called Claimyr (claimyr.com) that actually got me through to a real person. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much frustration dealing with the phone system.
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Aisha Ali
•How much does something like that cost? I'm already tight on money.
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Andre Moreau
•It was worth it for me since I was getting nowhere on my own. Check out their site for details, but honestly the peace of mind was huge.
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Zoe Christodoulou
ugh the whole misconduct thing is so subjective. my friend got denied for attendance issues but then won on appeal. another friend got approved right away for basically the same situation. it's like they just flip a coin sometimes
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Ethan Moore
The inconsistency you're seeing is usually because each case gets evaluated on its specific facts. Things like your work history, previous warnings, attempts to resolve the issue, and documentation all matter. That's why appeals are so important - you get a fresh review with a hearing officer who looks at all the evidence.
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Aisha Ali
•Good to know there's an appeal process. I have screenshots of texts I sent trying to find coverage, so hopefully that helps show I was trying to be responsible about it.
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Dmitry Petrov
I went through something really similar last year - got fired for attendance issues after some genuine emergencies. The key thing I learned is that NYS Department of Labor distinguishes between "misconduct" (intentional wrongdoing) and just not meeting expectations. Car trouble and trying to find coverage shows good faith effort on your part. Definitely apply right away and be detailed about your circumstances in the application. Even if you get an initial denial, don't give up - the appeal process gave me a chance to explain my situation properly and I ended up getting benefits. Document everything you can about your attempts to be responsible about attendance.
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Debra Bai
•This is really helpful - thank you for sharing your experience! It's reassuring to know that showing good faith effort matters in these cases. I'm definitely going to apply right away and include all the details about my car breaking down and trying to find coverage. Did you have to wait long for the appeal hearing after your initial denial?
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Alexander Zeus
I actually just went through the unemployment application process myself after being terminated for what my employer called "misconduct" (attendance issues due to childcare problems). The online application was pretty straightforward, and they ask specific questions about the circumstances of your termination. Make sure to be honest but also detailed about your efforts to resolve the issues - like you trying to find coverage when your car broke down. The initial review took about 2-3 weeks in my case. Even though I was nervous about it, I'm glad I applied because they ultimately approved my claim. The worst thing that can happen is they say no, but then you still have the appeal option. Don't let the "misconduct" label scare you away from applying - let the experts at NYS Department of Labor make that determination.
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