Can you get unemployment if fired for misconduct in NY - need help understanding eligibility
I got terminated last week from my warehouse job and my employer is claiming it was for misconduct. The situation was that I was 15 minutes late three times in two months because of train delays, and my supervisor said this violated their attendance policy. I wasn't written up before this and didn't know it would lead to termination. When I applied for unemployment benefits through NYS Department of Labor, I'm worried they'll deny my claim because my employer marked misconduct as the reason. Has anyone dealt with this before? Can you still get UI benefits if your employer says you were fired for misconduct? I really need these benefits while I look for another job.
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StarSurfer
The good news is that not all misconduct disqualifies you from unemployment benefits in New York. NYS Department of Labor looks at whether it was 'deliberate misconduct' connected to your work. Being late due to train delays probably won't count as deliberate misconduct, especially if you weren't properly warned. You should definitely file your claim and explain the circumstances during the eligibility interview if they schedule one.
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Dmitry Petrov
•Thank you! I already filed but I'm nervous about the interview. Should I gather documentation about the train delays?
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Ava Martinez
ugh this happened to my friend too, employers love to claim misconduct to avoid paying into unemployment. most of the time its not actually misconduct by the legal definition
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Miguel Castro
I had a similar situation and got my benefits approved. The key is that NYS Department of Labor distinguishes between misconduct and poor performance or isolated incidents. Three late arrivals over two months, especially due to transportation issues beyond your control, doesn't typically meet the misconduct threshold. Make sure to document the train delays if possible and emphasize that you weren't given progressive discipline. If they do deny your initial claim, you can always appeal the decision.
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Dmitry Petrov
•That's reassuring to hear! How long did your eligibility determination take?
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Miguel Castro
•It took about 3 weeks for them to make the initial determination. The employer disputed it so there was a phone interview, but once I explained the situation they approved my claim.
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Zainab Abdulrahman
I was having trouble getting through to NYS Department of Labor to check on my claim status when I had a misconduct issue. Someone here recommended using Claimyr (claimyr.com) to get connected to an actual agent. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. It was really helpful because I could actually talk to someone about my specific situation instead of just waiting for a determination letter.
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Connor Byrne
•Never heard of that service before but honestly anything that helps you actually reach a human at NYS Department of Labor sounds worth it. The phone lines are impossible.
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Yara Elias
Just wanted to add that even if your employer claims misconduct, you should still file for benefits right away. Don't let their accusation stop you from applying. NYS Department of Labor will investigate and make their own determination based on the facts, not just what your employer says.
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AstroAce
I went through something similar last year when I was fired from my retail job. My employer claimed misconduct but NYS Department of Labor approved my benefits after reviewing the facts. The key thing to remember is that misconduct has to be willful and work-related - being late due to circumstances beyond your control (like train delays) usually doesn't qualify. When you have your interview, be honest about what happened and explain that you had no control over the transportation issues. Also mention that you weren't given any warnings or progressive discipline. Document everything you can about the train delays from those specific dates if possible. Don't give up if they initially deny it - the appeal process exists for situations exactly like yours.
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Amelia Cartwright
•This is really helpful to know! I'm feeling more optimistic about my chances now. Did you end up having to wait long for the appeal decision when you went through this process? I'm trying to budget for how long I might be without income.
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