What does gross misconduct mean for NYS Department of Labor unemployment disqualification?
I got fired last month and when I applied for unemployment benefits, NYS Department of Labor denied my claim saying it was due to 'gross misconduct.' I honestly don't understand what this means exactly or why they think what I did qualifies. I was late to work several times because of my car breaking down and missed a few days when my kid was sick. My supervisor said I violated company policy but I never thought it was that serious. Can someone explain what gross misconduct actually means for unemployment purposes? Is there a way to appeal this decision?
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CosmicCowboy
Gross misconduct for NYS Department of Labor purposes is more serious than just being late or missing work occasionally. It typically involves willful violations like theft, violence, criminal activity, or deliberately violating major company policies after warnings. Attendance issues alone usually don't qualify as gross misconduct unless you completely abandoned your job or ignored final warnings. You should definitely appeal this decision - you have 30 days from the determination date.
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Paolo Longo
•Thank you! That makes me feel better. I was never warned that my attendance would lead to termination, and I definitely didn't steal anything or commit crimes. How do I file the appeal?
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Amina Diallo
same thing happened to my brother, he got denied for gross misconduct but all he did was argue with his manager about his schedule. he appealed it and won because arguing isn't gross misconduct
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Paolo Longo
•That gives me hope! How long did his appeal take to get resolved?
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Oliver Schulz
The key thing NYS Department of Labor looks for in gross misconduct is intent. They need to prove you deliberately did something wrong that harmed your employer, not just that you made mistakes or had personal issues affecting work. For attendance, they'd need to show you willfully abandoned your job or ignored clear final warnings. File your appeal immediately through your online account or by calling the hearing line. Include documentation of your car problems and any medical notes about your child's illness.
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Paolo Longo
•I do have the mechanic receipts from when my car broke down. Should I include those with my appeal?
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Oliver Schulz
•Absolutely! Any documentation that shows your absences were due to circumstances beyond your control will help your case.
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Natasha Orlova
ugh the whole system is so unfair!! they denied me for gross misconduct too just because I told my boss what I really thought about the way he treats employees. apparently 'insubordination' counts as gross misconduct now even though I was just standing up for myself
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CosmicCowboy
•Did you use profanity or threaten anyone? The context and how you expressed yourself can make the difference between insubordination and gross misconduct.
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Javier Cruz
I had trouble reaching NYS Department of Labor to discuss my gross misconduct determination and kept getting busy signals for weeks. Finally used this service called Claimyr (claimyr.com) that got me through to an actual agent in like 20 minutes. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. The agent was able to explain exactly what evidence I needed for my appeal and even helped me understand the timeline better.
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Paolo Longo
•Thanks for sharing that! I've been trying to call for days with no luck. How much does that service cost?
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Javier Cruz
•It was worth it just to finally talk to someone who could give me real answers about my case instead of guessing what the determination letter meant.
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Emma Wilson
Wait, I'm confused about something. If they say you committed gross misconduct, does that mean you can never get unemployment benefits again? Or just for this claim? I'm worried because I might be facing something similar at my job.
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CosmicCowboy
•It's just for this specific claim. If you get a new job and later become unemployed through no fault of your own, you can file a new claim. Gross misconduct doesn't permanently bar you from benefits.
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