What's considered misconduct for NYS Department of Labor unemployment disqualification?

NYS Department of Labor defines misconduct pretty specifically - it has to be willful disregard of your employer's interests or deliberate violation of workplace rules. Simply asking questions about policies wouldn't typically qualify as misconduct. They look for things like repeated violations after warnings, theft, violence, or intentional damage to company property. If you were genuinely trying to understand a policy, that's not misconduct.

ugh the whole misconduct thing is so subjective though. my friend got denied because they said showing up 10 minutes late a few times was 'misconduct' even though she had transportation issues

I had a similar situation where my employer tried to claim misconduct after I questioned a safety procedure. NYS Department of Labor sided with me during the adjudication process. The key is they have to prove you acted willfully against the company's interests. Asking legitimate questions about policies is actually protected in many cases. Make sure you document exactly what happened and any witnesses who can back up your version of events.

If you're having trouble getting through to NYS Department of Labor to check on your claim status or get more info about the misconduct determination, I found this service called Claimyr that actually got me connected to a real person. You can check it out at claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped when I was stuck trying to get answers about my adjudication.

Wait, so if I got fired for calling in sick too much because of my chronic illness, would that be misconduct?? I'm so confused about all this and really need the unemployment benefits

The whole misconduct thing is just another way for companies to screw over workers. They know most people won't appeal even when they have a good case. Document everything and fight it if they try to deny you!

Just wanted to add that the burden of proof is actually on your employer to demonstrate misconduct occurred. NYS Department of Labor will look at factors like whether you had knowledge of the rule/policy, whether you had prior warnings, and whether your actions were intentional. In your case, asking clarifying questions about a confusing policy sounds like due diligence, not insubordination. Keep records of exactly what you said and how you said it - tone and context matter a lot in these determinations.

I went through something similar about 6 months ago when my employer claimed I was "insubordinate" for questioning a scheduling change that violated our union contract. The key thing I learned is that NYS DOL really focuses on whether your actions were reasonable and whether you followed proper channels. In my case, I had documentation showing I raised concerns through the appropriate chain of command first. They ruled in my favor because asking legitimate questions about potentially problematic policies is actually considered responsible employee behavior, not misconduct. Make sure you emphasize that you were seeking clarification to do your job properly, not challenging authority maliciously.

I'm going through something similar right now - got terminated two weeks ago and my employer is claiming "performance issues" but I suspect they might try to frame it as misconduct during the DOL investigation. Reading through everyone's experiences here is really helpful. It sounds like the key things are: 1) NYS DOL has a pretty high bar for what actually constitutes misconduct, 2) the burden of proof is on the employer, and 3) having documentation and a clear timeline of events is crucial. For anyone else dealing with this - I've been keeping a detailed journal of everything I remember from the lead-up to my termination, including dates, witnesses, and exactly what was said. Even though I didn't document things in real time, writing it all down while it's fresh has helped me organize my thoughts for when they call for the fact-finding interview. Stay strong everyone - it sounds like if you were genuinely trying to do your job properly, you have a good chance of getting approved.

Based on what everyone's shared here, it really sounds like you have a strong case, Monique. The fact that you were asking questions to understand a policy rather than refusing to follow it makes a huge difference. I went through a misconduct claim last year when my employer said I was being "difficult" for questioning their new overtime scheduling that seemed to violate labor laws. NYS DOL ruled in my favor because they recognized that employees have a right to seek clarification on policies, especially when they seem problematic. My advice: when they call for the fact-finding interview, be very specific about your intent - emphasize that you were trying to understand the policy so you could comply with it properly, not challenging your supervisor's authority. Also mention that you had no prior disciplinary actions. The fact that your supervisor used the word "insubordinate" for legitimate questions shows they might be stretching to avoid paying unemployment taxes. Document everything you can remember about that conversation and stay confident - asking questions is not misconduct!

I work as a case specialist with unemployment claims and wanted to add some clarity here. NYS DOL uses a three-part test for misconduct: 1) The action must be connected to work, 2) It must be willful or deliberate, and 3) It must show disregard for the employer's interests. Simply asking questions about a confusing policy fails all three tests - you were trying to do your job better, not worse. The fact that you weren't written up before is huge in your favor. During your fact-finding interview, stick to the facts: you asked questions to clarify a policy so you could follow it correctly. That's responsible employee behavior, not misconduct. Most employers who claim "insubordination" for legitimate questions are just trying to avoid their unemployment tax obligations. Stay calm and factual during the interview - you've got this!

I just went through this exact situation about 3 months ago and wanted to share what I learned. My employer tried to claim misconduct when I questioned a new dress code policy that seemed discriminatory. The NYS DOL investigator was really thorough and asked specific questions about my intent, whether I followed proper procedures, and if I had any prior warnings. What really helped my case was that I could demonstrate I was asking questions in good faith to understand how to comply, not to be defiant. I also had witnesses who could confirm I was respectful in how I approached the situation. The whole process took about 4 weeks, but I was approved because they determined that seeking clarification on workplace policies is actually encouraged employee behavior. One tip: when they call for your interview, have a written timeline ready with specific dates and details. It shows you're taking the process seriously and helps you stay focused during what can be a nerve-wracking conversation. Based on what you've described, you should be in good shape!