What is considered gross misconduct for unemployment benefits in NYS?
My employer fired me last week and when I tried to file for unemployment, they're saying it might be denied due to 'gross misconduct.' I've never been in this situation before and honestly don't even know what that means. The incident was that I got into an argument with a customer who was being really aggressive, and I ended up using some strong language. My supervisor said it was unprofessional but I didn't think it would be considered gross misconduct. What exactly qualifies as gross misconduct according to NYS Department of Labor rules? I'm really worried about getting my benefits.
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Diego Castillo
Gross misconduct under NYS Department of Labor guidelines typically includes things like theft, violence, deliberate destruction of property, substance abuse on the job, or willful violation of company policies. A single incident of using inappropriate language with a customer could potentially qualify depending on the severity and your company's policies. The key is whether it shows deliberate disregard for your employer's interests. You should definitely file for benefits anyway - let NYS Department of Labor make the determination during adjudication.
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Ruby Knight
•Thank you, that's actually reassuring. It wasn't like I threatened anyone or anything, just told them to stop yelling at me in not-so-nice words. I'll go ahead and file the claim.
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Logan Stewart
they fired me for being late too many times and claimed it was gross misconduct but i still got my benefits after the hearing so dont give up
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Diego Castillo
•Chronic tardiness usually isn't considered gross misconduct - that sounds more like simple misconduct. Gross misconduct has to be more serious and deliberate.
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Mikayla Brown
I had a similar situation where I couldn't reach anyone at NYS Department of Labor to ask about my case status. After weeks of trying their phone system, I ended up using this service called Claimyr (claimyr.com) that actually got me through to a real person. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Within a day I was able to speak with someone who explained exactly where my case stood in the adjudication process.
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Ruby Knight
•How much does something like that cost? I'm already worried about money.
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Mikayla Brown
•It was worth it for me to get answers instead of sitting in limbo for weeks, but I understand the concern about costs when you're already stressed about benefits.
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Sean Matthews
The NYS Department of Labor system is so broken. They make you jump through hoops and then deny people for the smallest things. I've seen people get denied for gross misconduct when all they did was disagree with their boss. Meanwhile actual bad employees probably get benefits no problem.
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Ali Anderson
•While the system can be frustrating, there are specific legal standards for gross misconduct. It's not just arbitrary - they have to prove deliberate wrongdoing that harms the employer's interests.
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Zadie Patel
Wait, so if they claim gross misconduct does that mean I can't get any unemployment at all?? I'm freaking out because I have rent due next week and this is my only income source right now. What if they deny my claim??
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Diego Castillo
•Don't panic yet! Even if they initially deny for gross misconduct, you have the right to appeal and request a hearing. Many of these denials get overturned when you present your side of the story to an administrative law judge.
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A Man D Mortal
something similar happened to my cousin but it was different because she worked in retail and got fired for something completely different but anyway she ended up getting her benefits after like 2 months so you should be fine probably
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Tony Brooks
Ruby, I went through something similar last year. The key thing to remember is that gross misconduct has to be willful and serious - not just a one-time lapse in judgment during a stressful situation with a difficult customer. When you file your claim, make sure to explain the full context of what happened, including how the customer was behaving aggressively toward you. The adjudicator will consider whether your response was proportional to the situation. Even if your language was inappropriate, that alone might not rise to the level of gross misconduct if it was an isolated incident and you were being provoked. Document everything you can remember about the incident and any witnesses who saw the customer's behavior. You've got a good chance of getting your benefits approved.
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