Fired for misconduct - can I still collect NYS Department of Labor unemployment benefits?
My employer terminated me last week claiming I violated company policy about attendance. They're saying it was misconduct but I think they're being unfair - I had some legitimate absences due to childcare issues that I tried to explain. I already filed my initial claim online but I'm worried NYS Department of Labor will deny me because of what my employer reported. Has anyone been in this situation? Do I have any chance of getting approved or should I not even bother with the weekly claims?
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Aaron Boston
Misconduct isn't automatically disqualifying - NYS Department of Labor has to determine if it rises to the level of 'deliberate misconduct.' Attendance issues can be tricky because they need to prove you willfully violated known policies. You should definitely continue filing your weekly claims while they investigate. If they do disqualify you, you can always appeal the decision.
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Sofia Peña
•Thank you! I wasn't sure if I should keep doing the weekly claims. How long does the adjudication process usually take for misconduct cases?
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Sophia Carter
same thing happened to my friend, they said she was fired for misconduct but she got approved anyway after like a month
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Chloe Zhang
•It really depends on the specific circumstances. NYS Department of Labor looks at whether the behavior was willful and if you knew it could lead to termination. Document everything about your situation including any communications with your employer about the childcare issues.
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Brandon Parker
I've been through this exact situation before! Got fired for 'attendance issues' but it was really because I had to take care of my sick mother. NYS Department of Labor initially denied my claim but I appealed and won. The key is proving you had legitimate reasons and that your employer didn't follow progressive discipline properly. Keep all your documentation about the childcare situations.
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Adriana Cohn
ugh the whole system is so frustrating... they make you jump through hoops even when employers fire people unfairly. I've been trying to get through to someone at NYS Department of Labor for weeks about my own case
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Jace Caspullo
•If you're having trouble reaching NYS Department of Labor by phone, I recently found this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling and getting disconnected.
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Melody Miles
Don't give up! I thought for sure I'd be denied because my boss claimed I was insubordinate but NYS Department of Labor saw through their BS. The adjudication took about 3 weeks but I got approved. Make sure you provide your side of the story when they contact you for the fact-finding interview.
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Sofia Peña
•They haven't contacted me for an interview yet - should I be worried? It's been about 10 days since I filed.
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