What disqualifies you from unemployment misconduct with NYS Department of Labor?
I got fired last week and my former supervisor said something about misconduct when I cleaned out my desk. I'm worried about filing for unemployment because I don't really understand what counts as misconduct that would disqualify you. I was late a few times this year and had a disagreement with my manager about how to handle a customer complaint, but nothing seemed that serious to me. Does anyone know what actually disqualifies you from getting benefits when it comes to misconduct? I need to know if I should even bother applying or if I'm just going to get denied.
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Anthony Young
Misconduct disqualification from NYS Department of Labor is pretty specific - it has to be willful or deliberate acts that go against your employer's interests. Simple disagreements or isolated incidents usually don't qualify. Things like theft, fighting, refusing direct orders, or showing up drunk would be misconduct. Being late occasionally or having workplace disagreements typically won't disqualify you unless there's a pattern of defiance.
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Aurora Lacasse
•That's helpful, thank you. The lateness was maybe 4-5 times over 8 months and the disagreement was about customer service policy, not me refusing to do my job. I feel better about applying now.
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Charlotte White
same thing happened to my coworker last year - got fired and they claimed misconduct but unemployment approved her anyway because it was just attendance issues not like stealing or anything serious
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Admin_Masters
You should definitely apply regardless. Even if your employer claims misconduct, NYS Department of Labor will investigate and make their own determination. They look at whether your actions were intentional violations of company policy that showed disregard for your employer's interests. If you're denied, you can always appeal the decision and present your side of the story.
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Matthew Sanchez
•How long does the misconduct investigation usually take? I'm in a similar situation and wondering when I'll know if I'm approved or denied.
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Admin_Masters
•Usually takes 2-4 weeks for adjudication if there's a misconduct claim. Sometimes longer if they need to interview you and your former employer.
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Ella Thompson
I had such a hard time getting through to NYS Department of Labor when I was dealing with a misconduct disqualification last year. Kept calling and either got busy signals or got hung up on after waiting forever. Finally found this service called Claimyr (claimyr.com) that actually got me connected to a real person at the unemployment office. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made the whole process so much easier when I could actually talk to someone about my case.
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Aurora Lacasse
•That sounds really useful. I'll probably need to talk to someone once I file my claim to explain what really happened.
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JacksonHarris
The whole misconduct thing is so subjective anyway! I've seen people get fired for the dumbest reasons and employers always try to claim misconduct to avoid paying higher unemployment taxes. Most of the time NYS Department of Labor sees right through it. Just file your claim and let them sort it out - that's what they're there for.
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Beatrice Marshall
From what I understand, NYS Department of Labor defines misconduct pretty narrowly - it has to be deliberate wrongdoing that harms your employer's business interests. Just being late occasionally or having professional disagreements usually won't cut it. The key is whether your actions were willful violations of known company rules or policies. I'd definitely apply - worst case scenario they deny you and you can appeal with more details about your specific situation. Don't let your former supervisor's comments discourage you from at least trying!
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