What does discharge mean for unemployment benefits with NYS Department of Labor?

Discharge in unemployment terms basically means your employer terminated your employment - it's just the formal legal word for being fired. However, the TYPE of discharge is what really matters for your NYS Department of Labor claim. There's discharge for misconduct (which can disqualify you) and discharge for non-misconduct reasons (which usually won't disqualify you). Attendance issues can fall into either category depending on the circumstances. When you file your claim, be honest about what happened but don't assume you're automatically disqualified.

yeah discharge just means fired, dont overthink it. i got discharged for being late too much and still got my benefits after they did some investigation thing

Be very careful about how you describe the attendance issues when filing. If NYS Department of Labor determines it was 'willful misconduct' you could be disqualified from receiving benefits. Document everything - your attendance record, any warnings you received, medical issues that caused absences, transportation problems, etc. The adjudication process will look at whether the discharge was for misconduct or just poor performance/inability to do the job.

I've been trying to reach NYS Department of Labor for weeks about my discharge situation and can never get through! Their phone lines are always busy and my online messages go unanswered. Has anyone found a way to actually talk to a real person there? I'm getting desperate because my adjudication has been pending for over a month.

The whole discharge vs fired thing is just NYS Department of Labor bureaucracy BS if you ask me. They make everything so confusing with their fancy legal terms when they could just say 'your boss let you go' and be done with it. But yeah like others said, what matters is WHY you got discharged not what they call it.

Same boat here! Got discharged last week and have no idea what I'm doing with this whole unemployment process. At least now I know discharge = fired, that's helpful.

Hey Sofia, I went through a similar situation last year. "Discharge" is definitely just the formal term for being fired - don't let the legal jargon stress you out. When you file your claim, you'll likely see options like "discharged by employer" or "terminated by employer" which are the same thing. The key thing is being honest about the circumstances. Since you mentioned attendance issues, make sure you have all your documentation ready - any medical notes, HR communications, your employee handbook policies, etc. The NYS Department of Labor will investigate and determine if it was misconduct or not. Even if they initially deny you, you can always appeal with additional evidence. Good luck with your claim!

I'm dealing with a similar discharge situation right now and this thread is super helpful! Just wanted to add that when you file online, the NYS Department of Labor system will walk you through different scenarios and ask specific questions about why your employment ended. They don't just give you a simple "fired" vs "discharged" dropdown - they'll ask things like "Were you told your performance was unsatisfactory?" or "Did you violate company policy?" So even though the terminology might seem confusing, the actual filing process is designed to capture the real circumstances. I'd recommend having your termination paperwork handy when you start the application so you can reference the exact reasons they gave you.

Just went through this exact same thing a few months ago! "Discharge" definitely threw me off at first too - it sounds so formal and scary. But yeah, it's literally just the official term NYS Department of Labor uses for "fired" or "terminated." The important thing isn't the word they use, but the reason behind it. Since your paperwork says "attendance issues," that could go either way depending on the specifics. Were these unexcused absences or did you have legitimate reasons like medical appointments, family emergencies, etc.? If you had valid reasons and documentation, that works in your favor. The DOL will do their own investigation and contact both you and your employer to get the full story. Don't stress too much about the terminology - focus on gathering your evidence and being completely honest when you file. Even if there's an initial denial, you can always appeal with additional documentation.