What is considered misconduct for unemployment disqualification by NYS Department of Labor?
I got fired last week and my employer is claiming it was for misconduct. I'm worried the NYS Department of Labor will deny my unemployment claim. I was late a few times over the past couple months because of childcare issues, but I always called in. My supervisor said this was attendance misconduct but I thought misconduct had to be something more serious like stealing or fighting. Can someone explain what the NYS Department of Labor actually considers misconduct? I really need these benefits while I look for a new job.
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Miguel Ramos
Misconduct for unemployment purposes is more specific than just being a bad employee. NYS Department of Labor looks for deliberate acts or persistent neglect of duties that show willful disregard for your employer's interests. Simple tardiness usually isn't enough unless it's excessive and you ignored warnings. Did you get written warnings about attendance?
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Ava Thompson
•I got one written warning about 6 weeks ago but then had two more late days after that. The warning said I could be terminated for continued attendance issues.
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Zainab Ibrahim
From what I understand, NYS Department of Labor misconduct usually includes things like theft, violence, deliberate sabotage, or repeatedly violating clear company policies after warnings. Isolated incidents or good faith mistakes typically don't qualify. The key is whether your actions were willful and substantial enough to harm your employer's business interests.
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StarSailor
•This is correct. I had a similar situation where I was fired for performance issues but still got approved for UI benefits because poor performance isn't the same as misconduct.
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Connor O'Brien
ugh i hate how confusing this stuff is!! i was denied at first for alleged misconduct but then won my appeal. the hearing officer said the employer had to prove i KNEW my actions would likely result in termination and did it anyway. sounds like your situation might not meet that standard especially with childcare being the reason
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Ava Thompson
•How long did your appeal take? I'm stressed about being without income if they initially deny me.
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Connor O'Brien
•about 8 weeks total but that was during covid times so probably faster now. definitely file your claim anyway because even if denied you can appeal
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Yara Sabbagh
I had a nightmare trying to get through to NYS Department of Labor to discuss my misconduct determination. Spent hours calling and kept getting disconnected. Finally used a service called Claimyr that helped me actually reach an agent to explain my situation. They have this demo at https://youtu.be/qyftW-mnTNI showing how it works. Check out claimyr.com if you need to talk to someone at NYS Department of Labor about your case.
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Keisha Johnson
•Never heard of that but honestly anything is better than trying to call NYS Department of Labor directly. The phone system is impossible.
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Paolo Rizzo
Just apply anyway! The worst they can say is no and then you appeal. I've seen people get approved even when their employer claimed misconduct. NYS Department of Labor has to investigate both sides of the story and employers don't always have good documentation to back up their claims.
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Sean Doyle
As someone who works in HR, I can tell you that NYS Department of Labor typically requires misconduct to be more than just attendance issues, especially when there are legitimate reasons like childcare. The fact that you always called in shows good faith effort. Misconduct usually needs to be willful and substantial - things like insubordination, theft, or violating safety rules after clear warnings. Your situation sounds more like a performance/attendance issue rather than true misconduct. Definitely file your claim right away and document everything about your childcare situation and any communications with your employer.
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Freya Christensen
•This is really helpful to hear from someone in HR! I've been so worried about this. I did keep records of when I called in and the reasons, and I have documentation about my childcare situation. Do you think it would help to include that information when I file my claim, or should I wait until they ask for it? I want to make sure I present my case in the best way possible.
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Paige Cantoni
•I'd recommend including that documentation right when you file your initial claim. The more information you provide upfront, the better chance you have of getting approved on the first review rather than having to go through an appeal. Make sure to clearly explain that the tardiness was due to legitimate childcare issues beyond your control, and that you always communicated with your employer when it happened. The fact that you were proactive about calling in really strengthens your case.
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Aisha Abdullah
I went through something similar last year and was initially worried about misconduct determination too. What really helped my case was documenting everything - I kept records of all my communications with my supervisor about the attendance issues and the legitimate reasons behind them. The NYS Department of Labor actually approved my claim because they determined that having childcare emergencies wasn't willful misconduct, especially since I was communicating proactively each time. The key thing is that misconduct has to be deliberate and against the employer's interests - not just struggling with circumstances beyond your control. Make sure to emphasize in your application that you always called in and that this was due to childcare issues, not negligence or disregard for your job. Good luck!
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Freya Thomsen
•This is such a relief to hear from someone who went through the same situation! I've been so stressed about this whole process. Did you have to provide any specific documentation about your childcare situation when you filed, or did they ask for it later? I have some records from my daycare about closures and my babysitter about emergency situations, but I wasn't sure if that would be helpful or if it's too much information. Also, how long did it take to get your determination? I'm really hoping I can get approved quickly since I need to start job searching right away.
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Melody Miles
•I included the documentation right when I filed - things like daycare closure notices, texts from my babysitter about emergencies, and emails I sent to my supervisor explaining the situations. It definitely helped! The NYS Department of Labor took about 3 weeks to make their initial determination, which was faster than I expected. Having all that documentation upfront really seemed to speed things up because they didn't need to request additional information from me. Your daycare records and babysitter communications sound perfect - include anything that shows these were legitimate emergencies beyond your control, not just poor planning on your part.
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Zainab Yusuf
I'm going through this exact same situation right now and these responses are so helpful! I was terminated last month for what my employer called "attendance misconduct" but it was really due to transportation issues after my car broke down. I always called in when I was going to be late, just like you did. From what everyone is saying here, it sounds like the key is that it wasn't willful - we both had legitimate circumstances beyond our control and we communicated with our employers. I'm planning to file my claim this week and include all my documentation about the car repairs and the texts I sent my supervisor. It's reassuring to hear that people in similar situations have been approved. Definitely don't let your employer's claim of misconduct scare you away from applying - it sounds like you have a strong case!
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