NYS Department of Labor denied my claim for willful misconduct - what exactly counts as this?
Got a disqualification letter from NYS Department of Labor saying I was fired for willful misconduct and can't get unemployment benefits. My supervisor said I violated company policy by using my phone during work hours after being warned twice. I thought willful misconduct had to be something really serious like stealing or violence. Does using your phone really count as willful misconduct for unemployment purposes? I need to know if I should appeal this decision or if it's hopeless.
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Ethan Taylor
Willful misconduct for NYS Department of Labor purposes is defined as deliberate violation of employer rules after being warned. It doesn't have to be criminal - repeated policy violations after written warnings can qualify. Phone use after multiple warnings could meet this standard if your employer has a clear policy and documented the violations properly.
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Aisha Khan
•They did give me two written warnings about the phone policy. So even though it seems minor, this could actually stick?
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Yuki Ito
wait this is crazy... i got fired for being late too many times and they said it was willful misconduct too. how is being late the same as stealing?? the unemployment system is so messed up
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Carmen Lopez
•Chronic tardiness after warnings can be willful misconduct because you're deliberately choosing to violate attendance policies. NYS Department of Labor looks at whether you had control over your actions and chose to violate rules anyway.
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AstroAdventurer
I had a similar situation last year and couldn't get through to NYS Department of Labor to explain my side. Ended up using this service called Claimyr (claimyr.com) that helped me actually reach a real person at the unemployment office. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made all the difference in getting my appeal heard properly.
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Aisha Khan
•Did you end up winning your appeal? I'm trying to figure out if it's worth fighting this willful misconduct determination.
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AstroAdventurer
•Yes! The key was getting to speak with someone who could review the actual documentation. Sometimes the initial determination is wrong.
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Andre Dupont
You definitely should appeal this. Willful misconduct requires intent to harm the employer or deliberate disregard for their interests. Simple policy violations might not meet that standard depending on the circumstances. The appeal process gives you a chance to present your side and challenge their interpretation.
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Zoe Papanikolaou
•This is good advice. I've seen plenty of willful misconduct determinations overturned on appeal when the employer couldn't prove actual intent or the violation wasn't severe enough.
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Lucas Adams
I work in employment law and see these cases regularly. The key thing to understand is that NYS Department of Labor defines willful misconduct more broadly than most people expect. It's not just criminal behavior - it includes any deliberate violation of reasonable employer rules after you've been given notice that the behavior needs to stop. Since you had two written warnings about phone use, they likely have a strong case. However, you should still appeal because sometimes the employer's documentation is inadequate or the policy wasn't clearly communicated. The worst that happens is you lose the appeal, but you might win if there are gaps in their evidence.
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