What does misconduct mean for unemployment benefits in NYS Department of Labor determination?

Misconduct for unemployment purposes is pretty specific - it has to be willful disregard of your employer's interests or deliberate violation of workplace rules. Being sick and calling out properly usually isn't misconduct unless you violated their attendance policy repeatedly after warnings. Performance issues alone typically don't qualify as misconduct either unless you were deliberately not doing your job. Be honest on your application - lying will cause bigger problems later.

i got fired for being late 3 times and still got benefits. nys department of labor sided with me because my employer never gave me a written warning first

The key thing is whether your actions were intentional and violated a clear company policy. NYS Department of Labor looks at factors like: did you know the rule, was it reasonable, did you willfully break it, and did your employer give you chances to improve. Calling out sick when you're actually sick is protected. If your employer tries to fight your claim, you'll get a chance to explain your side during the adjudication process.

Had a similar situation last year where getting through to NYS Department of Labor to explain my side was impossible. Kept getting busy signals and when I finally got through they hung up after being on hold for 2 hours. Someone on here mentioned claimyr.com - it's a service that calls for you and gets you connected to an actual agent. There's a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me weeks of trying to get through on my own and I was able to explain that my 'misconduct' was actually following safety protocols my supervisor didn't like.

Don't stress too much about it. Even if they initially deny your claim for misconduct, you can appeal and present your case. The burden is on your employer to prove it was actual misconduct, not just poor performance. Document everything you can remember about the circumstances of your termination.

I went through something similar when I got fired for "attitude problems" which was really just me advocating for proper break times. NYS Department of Labor ruled in my favor because my employer couldn't prove I willfully violated any specific policy. The fact that your termination letter is vague and just mentions "performance standards" without specifics actually works in your favor. Keep records of your sick day call-ins and any company policies about attendance. If you followed proper procedures for calling out sick, that's definitely not misconduct. Don't panic about rent - even if there's a delay, you can often get benefits backdated once approved.

I had a similar experience where I was terminated for "attendance issues" but it was really just two legitimate sick days. When I filed my unemployment claim, I was completely honest about the circumstances - included details about following company call-out procedures and having no prior warnings. NYS Department of Labor approved my benefits because they determined that calling out sick when actually ill doesn't constitute willful misconduct. The key is being truthful on your application and keeping any documentation you have (texts/emails about calling out, employee handbook policies, etc.). Even if your employer contests the claim, you'll get a hearing where you can explain your side. Don't let the fear of denial stop you from being honest - it's much worse to get caught in a lie later than to deal with a potential appeal upfront.