What reasons can an employer deny unemployment - NYS Department of Labor rules?

Employers can contest unemployment claims for several reasons under NYS Department of Labor rules: misconduct (like theft, violence, or repeated policy violations), voluntary quit, or being fired for cause with documented performance issues. However, being late a few times usually doesn't qualify as misconduct unless it was excessive and you were warned. The burden is on the employer to prove their case with documentation. NYS Department of Labor will review both sides during adjudication.

I went through this exact situation last year. My boss tried to claim I was fired for cause but couldn't provide proper documentation to NYS Department of Labor. The key is whether they can prove willful misconduct - just being late occasionally isn't enough. You should gather any records you have (timesheets, emails, etc) that show your attendance wasn't that bad. Most employers lose these contests if they don't have solid proof.

I had trouble reaching NYS Department of Labor about my contested claim too until someone recommended claimyr.com. It's a service that helps you get through to actual agents instead of sitting on hold forever. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I was able to speak with someone within a day and get my adjudication status updated. Might be worth checking out if you need to talk to someone about your case.

UGH employers are the worst about this stuff!! They lay you off then try to screw you out of benefits too. I hope NYS Department of Labor sees through their BS. Document everything and don't let them intimidate you.

yeah same thing happened to my cousin, employer said he quit but he was actually fired, took like 2 months to sort out but he eventually got his benefits

I've been through a similar situation and here's what I learned about NYS Department of Labor rules: employers need to prove "willful misconduct" to successfully contest your claim. Being late 3 times in 6 months with advance notice definitely doesn't meet that standard. The fact that they only gave you verbal warnings (no written documentation) actually works in your favor. NYS Department of Labor looks for patterns of deliberate policy violations, not occasional tardiness. Keep all your records showing you called ahead when late - that demonstrates good faith effort. Most contested claims like yours get approved if the employer can't provide solid written evidence of misconduct.