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
AuthorI 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
AuthorHow 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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