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I'm new to this community but wanted to add my perspective as someone who works in employment law. Reading through this thread, I'm really impressed by how much accurate information has been shared! Just to reinforce what others have said - car trouble causing attendance issues is typically NOT considered willful misconduct under NY unemployment law. The key legal standard is whether your actions were deliberate violations of your employer's reasonable expectations. Mechanical breakdowns are generally viewed as circumstances beyond your control. When you file your claim, focus on these key points: 1) The attendance issues were directly caused by unforeseeable car problems, 2) You weren't deliberately choosing to violate company policy, and 3) You have documentation showing the legitimate nature of the car trouble. Also, don't be intimidated if your employer contests - retail employers often do this automatically regardless of the merits of their case. The unemployment system in NY is actually designed to err on the side of helping workers who lose their jobs through no fault of their own. File your claim today and keep all that documentation handy!
Thank you so much for providing that legal perspective! It's really reassuring to hear from someone who works in employment law that the information shared in this thread has been accurate. Your explanation of the legal standard - whether actions were deliberate violations versus circumstances beyond control - really helps clarify why car trouble situations like mine typically don't constitute willful misconduct. I appreciate you breaking down those three key points to focus on when filing my claim. It's also helpful to know that the NY unemployment system is designed to help workers who lose jobs through no fault of their own, rather than being set up to deny claims. Between all the personal experiences shared here and your professional insight, I feel much more confident about filing my claim today. This community has been incredible - thank you for taking the time to share your expertise!
I'm new to this community but wanted to share my recent experience that might help. I was fired from my warehouse job about two months ago for what they called "excessive tardiness," but like you, it was due to transportation issues - my bus route kept getting delayed because of ongoing construction. I was really nervous about filing for unemployment because I'd never done it before and thought being fired automatically meant I wouldn't qualify. But after reading similar threads and getting advice, I filed my claim within a few days of being terminated. The whole process took about 4 weeks, but I was approved! The key things that helped were: being completely honest about being fired, documenting all the bus delays and construction notices I could find, and explaining clearly that the tardiness wasn't intentional or willful. My former employer did contest the claim, but the adjudicator understood that public transportation delays due to construction were beyond my control. Your car trouble situation sounds very similar - mechanical problems are definitely not something you can predict or control. Don't let fear stop you from applying - you have every right to file and a good chance of being approved based on what you've described. File today and keep all that documentation ready!
Welcome to the community, Salim! Your experience with public transportation delays is such a great example of how NYS Department of Labor evaluates these situations fairly. It's really encouraging to hear that you were approved even though your employer contested it - that shows the system really does work when you have legitimate circumstances beyond your control. The fact that you documented the bus delays and construction notices is smart advice that I'll definitely follow with my car repair records. Reading all these success stories from people in similar situations - whether it's car trouble, transportation issues, childcare emergencies, or family medical situations - really drives home the point that being fired doesn't automatically disqualify you if the reasons were out of your control. Thank you for sharing your experience and adding another positive outcome to this thread! It's giving me the confidence I need to file my claim today.
I just went through this exact process two weeks ago! Definitely report it immediately - I used the my.ny.gov portal to report my return to work the day I got my job offer, even before my actual start date. The online system is pretty straightforward - there's a "Report Return to Work" section where you just enter your employer info and start date. The most important thing is to NOT file your weekly claim for any week you're working full-time. I was paranoid about messing it up too, but as long as you report it promptly and stop filing claims when you start working, you'll be fine. NYS Department of Labor actually prefers when people are proactive about reporting employment changes. Good luck with the new job!
This is exactly what I needed to hear! I was getting stressed about the timing but it sounds like reporting it right away when you get the offer (even before starting) is the smart move. I really appreciate everyone sharing their experiences here - it's so much more helpful than trying to navigate the NYS Department of Labor website alone. The "Report Return to Work" section on my.ny.gov sounds straightforward enough. I'm feeling much more confident about handling this properly now. Thanks for taking the time to share what worked for you!
Just wanted to chime in as someone who went through this recently! I was in the exact same boat - got a job offer on short notice and panicked about the reporting requirements. Here's what I learned: report it immediately through my.ny.gov (there's a specific "Report Return to Work" function), and make sure you don't file ANY weekly claims for weeks you'll be working full-time, even if you haven't received your first paycheck yet. The timing of when you start work matters more than when you get paid. I reported mine the same day I accepted the offer, about 4 days before my actual start date, and everything went smoothly. NYS Department of Labor actually appreciates when people are proactive about these changes rather than trying to figure it out after the fact. Don't stress too much - as long as you report it promptly and stop filing claims when appropriate, you'll be fine. Congrats on the new position!
Good luck! These hearings are stressful but totally winnable if you have your documentation together.
I just went through this process a few months ago and won my case! Here's what really helped me: 1) Practice explaining your case out loud beforehand - you'll be nervous and it helps to have rehearsed your key points. 2) Have a simple outline written down with your main arguments and the order you want to present them. 3) When they ask about the "misconduct," focus on the specific policy they claim you violated and whether you actually received proper training or warning about it. 4) Most importantly for retaliation cases - be very clear about the exact dates. When did you file the safety complaint vs when did disciplinary actions start? That timeline gap is crucial evidence. The hearing officers are actually pretty fair in my experience, they just want to understand what really happened.
This is incredibly helpful advice, thank you! I'm definitely going to practice explaining my case out loud - you're right that nerves will probably make me stumble over my words. Quick question about the timeline: my safety complaint was filed on March 15th and they started giving me "performance issues" write-ups starting March 22nd, then terminated me April 3rd. Does that one week gap seem like strong evidence of retaliation? Also, did you have a lawyer or represent yourself?
I went through this exact situation about 6 months ago! Got laid off in July, accepted an offer in August but couldn't start until September due to their onboarding timeline. NYS DOL was totally fine with it - I collected benefits for the full 5 weeks between accepting the offer and starting work. The case worker I eventually spoke with explained that you're considered unemployed until you receive your first paycheck, regardless of having a future start date. Just make sure to keep applying to other jobs during your weekly certifications (I did 3-4 applications per week) and be completely transparent about your situation. The anxiety about filing was way worse than the actual process. You've got a 7+ week gap which is plenty of time to justify benefits. Don't leave money on the table that you're entitled to!
This is so encouraging to hear! The 5-week gap you had is very similar to my situation. I really appreciate you mentioning that the anxiety about filing was worse than the actual process - I've been overthinking this for days when I should have just applied already. Your point about not leaving money on the table that I'm entitled to really hits home. With a 7+ week gap, I'm definitely going to file this week. Thanks for sharing your experience and the reminder to stay transparent throughout the process!
I'm in almost the exact same situation! Just got laid off two weeks ago and accepted an offer yesterday, but they can't start me until March 1st due to their quarterly training program. Reading through everyone's experiences here has been incredibly reassuring. It sounds like the consensus is clear: be honest about the pending job offer when filing, maintain genuine availability for other immediate work opportunities, and keep up with the required job search activities until you actually start working. The fact that so many people have successfully navigated this with NYS DOL gives me confidence to file my claim this week. Thanks to everyone who shared their stories - this thread is a goldmine of real-world experience that you just can't find in the official documentation!
I'm so glad I found this thread too! I was in a very similar situation about 4 months ago - got laid off and then had a 6-week wait before my new job could start due to security clearance processing. The whole experience taught me that NYS DOL really does understand these timing gaps are common in today's hiring process. One thing that helped me was keeping a detailed log not just of my job applications, but also of any communication with my future employer about the start date. It showed I was being proactive about both my immediate needs and my future employment. The weekly certifications became routine once I got into the rhythm of it. Your March 1st start date gives you plenty of time to collect benefits - definitely don't hesitate to file! The peace of mind of having some income during the wait was invaluable.
Yuki Kobayashi
Sorry to hear about the potential layoff situation - that's really stressful! Just wanted to add that when you do file with NYS Department of Labor, make sure you have your direct deposit info ready so you can get payments faster once approved. Also, if your employer offers any severance package, that might affect when your benefits start, so mention it when you file your claim. The good news is layoffs are pretty straightforward cases for unemployment eligibility compared to other separation reasons.
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Jace Caspullo
•That's a great point about severance pay! @Caden Nguyen - definitely be upfront about any severance when you file. NYS Department of Labor has specific rules about how severance affects your benefit start date. Some types of severance might delay when you can start collecting, but it s'better to report it accurately from the beginning than have issues later. The direct deposit tip is solid too - saves you from waiting for checks in the mail.
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Yuki Watanabe
Hey @Caden Nguyen, I went through a layoff situation about 8 months ago and understand how overwhelming it can feel. One thing that really helped me was creating a simple checklist beforehand - gather your pay stubs from the last 18 months, write down your exact employment dates, and screenshot any layoff communications from your employer. The NYS Department of Labor website can be glitchy during peak times, so try filing early morning or late evening if you run into issues. Also, don't stress too much about the exact benefit amount calculation - the system will figure that out based on your wage history. Focus on getting the claim filed quickly and staying on top of your weekly certifications. You've got this!
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Omar Farouk
•@Yuki Watanabe this is such helpful advice! I m'definitely going to start gathering those documents now rather than waiting. The checklist idea is brilliant - I m'already feeling less scattered just thinking about having everything organized beforehand. Do you remember roughly how long it took from when you filed to when you received your first payment? And did you have any issues with the weekly certifications or were those pretty straightforward once you got into the routine?
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