What's considered misconduct for NYS Department of Labor unemployment disqualification?
I got terminated last week and when I filed my unemployment claim, I'm worried they might classify what happened as misconduct. My supervisor said I was being 'insubordinate' but I was just asking questions about a new policy that didn't make sense. I wasn't being disrespectful, just trying to understand the changes. Does anyone know what NYS Department of Labor actually considers misconduct? I really need these benefits while I look for another job.
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Jackie Martinez
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.
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Monique Byrd
AuthorThat's reassuring to hear. I was never written up before this incident and I have a clean employment record. Should I mention that when they do the fact-finding interview?
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Lia Quinn
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
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Jackie Martinez
That's actually not typical - chronic tardiness alone usually isn't enough for misconduct unless there were multiple warnings and it was willful disregard. Your friend might want to appeal that decision.
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Haley Stokes
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.
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Monique Byrd
AuthorDid you have to go through a hearing or was it resolved during the initial fact-finding? I'm trying to prepare for whatever comes next.
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Haley Stokes
Just the fact-finding interview over the phone. They called both me and my former employer separately. I had my documentation ready and explained my side clearly. The whole process took about 3 weeks.
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Asher Levin
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.
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Monique Byrd
AuthorThanks for sharing that! I've been trying to call for days but keep getting the busy signal or getting disconnected. Definitely going to look into this.
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Serene Snow
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
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Jackie Martinez
Medical absences are usually protected, especially if you have documentation. That typically wouldn't be considered misconduct unless you failed to follow proper call-in procedures repeatedly after being warned.
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Issac Nightingale
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!
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Monique Byrd
AuthorYou're probably right about companies trying to avoid paying into the unemployment system. I'm definitely going to gather all my documentation just in case.
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Benjamin Kim
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.
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