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I'm new to this community but wanted to share my perspective as someone who recently went through a similar misconduct determination. What struck me about your situation, Monique, is that you were asking questions about a policy that "didn't make sense" - this actually shows you were being a conscientious employee trying to understand your job requirements. I had a comparable experience where my supervisor labeled my questions as "argumentative" when I was genuinely confused about a new procedure. The NYS DOL investigator specifically asked me whether I was trying to understand the policy or refusing to follow it, and that distinction was crucial to my approval. The fact that you had no prior disciplinary issues and were genuinely seeking clarification rather than being defiant puts you in a strong position. When they call for your fact-finding interview, emphasize that your questions came from a place of wanting to do your job correctly, not from any desire to challenge authority. Good luck - based on everything I've read here, you should have a solid case!
@Ella Harper Thank you for sharing your experience! As someone who s'been lurking in this community trying to learn about unemployment processes, it s'really helpful to see how the DOL handles these situations. Your point about the distinction between trying to understand vs. refusing to follow policies is so important - I hadn t'thought about it that way before. Reading through everyone s'experiences here has been eye-opening about how common it is for employers to mislabel legitimate employee questions as insubordination "or" being argumentative. "It" sounds like the key is being able to clearly articulate that you were acting in good faith to do your job properly. I m'not dealing with this situation personally right now, but seeing how supportive this community is and how knowledgeable everyone is about the actual misconduct standards gives me confidence that if I ever face something similar, there are resources and people who understand the process. Thanks to everyone sharing their stories - it s'making a real difference for people navigating these stressful situations!
I've been following this thread and wanted to add some additional context that might help. The NYS Department of Labor specifically looks at whether your actions were "contrary to the employer's best interests" - and asking clarifying questions about confusing policies actually SERVES the employer's interests by helping ensure proper compliance. I went through a misconduct determination two years ago when my boss claimed I was being "uncooperative" for questioning a new safety protocol that seemed incomplete. The DOL ruling specifically noted that employees who seek clarification on unclear policies are demonstrating due diligence, not misconduct. They also consider the "reasonable employee" standard - would a reasonable person in your position have asked similar questions? Based on your description, absolutely yes. Make sure during your fact-finding interview to emphasize that you were seeking understanding to perform your job correctly, and mention your clean disciplinary record. The investigator will likely ask about your tone and approach, so be ready to explain that you were respectful and professional. You've got a really strong case here!
@Andre Dupont This is such valuable insight about the reasonable "employee standard" and how asking questions actually serves the employer s'interests! I hadn t'thought about framing it that way, but you re'absolutely right - seeking clarification on unclear policies helps prevent mistakes and ensures proper compliance. Your point about being ready to discuss tone and approach is really important too. I ve'been so focused on the content of what I said that I hadn t'fully prepared to explain HOW I said it. Reading through all these experiences has been incredibly reassuring - it s'clear that what happened to me isn t'actually misconduct under NYS standards, and there are so many similar cases where employees were approved after questioning policies in good faith. Thank you everyone for sharing your stories and advice. This community has been a lifeline during such a stressful time, and I feel much more confident going into my fact-finding interview now!
Ruby, I went through something similar last year. The key thing to remember is that gross misconduct has to be willful and serious - not just a one-time lapse in judgment during a stressful situation with a difficult customer. When you file your claim, make sure to explain the full context of what happened, including how the customer was behaving aggressively toward you. The adjudicator will consider whether your response was proportional to the situation. Even if your language was inappropriate, that alone might not rise to the level of gross misconduct if it was an isolated incident and you were being provoked. Document everything you can remember about the incident and any witnesses who saw the customer's behavior. You've got a good chance of getting your benefits approved.
@Tony Brooks that s'really helpful advice! I hadn t'thought about documenting the customer s'behavior as part of my case. Unfortunately I don t'think there were any other employees who witnessed the whole thing, but I can definitely write down everything I remember about how aggressive the customer was being before I responded. It s'good to know that context matters in these decisions.
I work for a legal aid organization that helps people with unemployment appeals, and I want to add some important information here. In New York, gross misconduct requires three elements: (1) the act was deliberate and willful, (2) it violated a reasonable workplace rule or expectation, and (3) it substantially prejudiced the employer's interests. Using strong language during a heated customer interaction - while unprofessional - often doesn't meet this high bar, especially if you have an otherwise clean employment record. When you file your claim, emphasize that this was an isolated incident in response to customer aggression, not a pattern of behavior. Also, even if initially denied, you absolutely should appeal - I've seen many similar cases overturned at hearing when the full context is presented. Don't let fear of denial stop you from filing - you have nothing to lose by trying.
This thread has been incredibly informative! I'm new to the NY unemployment system and had no idea that monetary redeterminations could cause partial payments during transition weeks. It's really reassuring to see so many people share similar experiences with the 2-day payments followed by finding those buried redetermination notices. What strikes me most is how many people mentioned the same frustration - that NYSDOL doesn't give any warning about these partial payments during benefit recalculations. It seems like such a simple fix that would prevent so much anxiety for claimants. A simple notification like "Your payment this week may be reduced due to benefit recalculation processing" would go a long way. For newcomers like me who might face this situation, the key takeaways seem to be: 1) Check your messages section thoroughly for any notices, 2) Look for increases in your maximum benefit amount, and 3) Don't panic if it's just one week of partial payment during a redetermination. Thanks to everyone who shared their experiences and outcomes - this kind of community knowledge is invaluable!
@Lena Schultz You ve'summarized this perfectly! As someone who just went through this exact situation, I can t'emphasize enough how valuable this thread has been. Your three key takeaways are spot-on - especially the part about checking messages thoroughly. I almost missed my redetermination notice completely and would have spent the weekend stressed out of my mind if I hadn t'found this discussion. It really is frustrating that NYSDOL doesn t'provide any advance notice about partial payments during recalculations. Something as simple as an alert saying benefit "recalculation in progress - this week s'payment may be affected would" prevent so much confusion. I m'definitely bookmarking this thread in case friends or family run into the same situation. The community knowledge here is way more helpful than anything on the official NYSDOL website!
This thread has been a lifesaver! I just experienced the exact same thing - got 2 days instead of my usual 4 this week and was completely panicking. After reading everyone's experiences, I checked my messages and found a monetary redetermination notice from two days ago that I had completely overlooked. My maximum benefit amount increased by $420 and my weekly benefit went up by $38. It's such a relief to understand that the partial payment is just a quirk of how the system processes these recalculations. I was literally about to take time off work tomorrow to sit on hold with NYSDOL all day! Thank you to everyone who shared their experiences and confirmed that payments return to normal the following week with the higher amounts. This community knowledge is so much more helpful than trying to navigate the official channels. I'll definitely be checking my messages more regularly going forward and will update next week to confirm everything goes back to normal with the increased benefit amount.
@Chloe Martin Welcome to the community! I m'so glad you found this thread before spending your day on hold with NYSDOL - that would have been such a waste of time for what turns out to be a normal part of the redetermination process. A $38 weekly increase is fantastic news! It s'really amazing how this thread has helped so many people who were going through the exact same panic. The fact that multiple people have confirmed their payments went back to normal the following week with higher amounts should give you complete peace of mind. Thanks for adding your experience to help future people who might stumble across this situation!
UPDATE: I went to the career center this morning and got exactly what I needed! They printed a UI Monetary Benefit Determination letter showing my claim details including the end date of September 6th. Took about 45 minutes total with the wait. The staff was really helpful. Thanks everyone for your suggestions!
For anyone else dealing with this, I just want to add that if you're in a time crunch like I was last month, you can also try contacting your local assemblyperson's office. They often have direct lines to state agencies and can help expedite document requests. I got my unemployment end date letter within 2 business days after their office made a call on my behalf. Worth trying if the career center is too far or if you're hitting roadblocks with the other methods!
That's a great tip! I had no idea assemblyperson offices could help with state agency issues like this. Do you just call their main office number and explain what you need? I'm dealing with a similar situation right now where I need documentation from another state agency and this could be really helpful.
CaptainAwesome
I'm also 17 and was wondering about this same thing! My hours got cut at my restaurant job and I wasn't sure if I could even apply. This thread is super helpful - it sounds like as long as you worked and paid taxes, age doesn't matter. Ryder, definitely file soon like others said. I'm going to look into this for my situation too. It's really cool seeing other young people taking charge of their finances and helping their families. Good luck with your claim!
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Lara Woods
•Hey CaptainAwesome! I'm so glad this thread is helping you too - it's awesome to connect with another 17-year-old going through similar stuff. It really does sound like age isn't a barrier as long as we've been working and paying taxes. Definitely look into filing for your situation with the cut hours! I'm planning to start my application this week after getting all this great advice. It's encouraging to see young people like us looking out for our financial responsibilities. Hope everything works out well for your claim too - keep us posted on how it goes!
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Freya Pedersen
I'm a caseworker with NYS Department of Labor and wanted to confirm what others have said - yes, you can absolutely file for unemployment at 17! Since you worked for 8 months with taxes deducted, you should meet the monetary eligibility requirements. When you file online at ny.gov, you'll need your Social Security number, employment dates, employer information, and reason for separation. The system treats all claimants the same regardless of age. One thing I'd emphasize is to be completely honest about your availability for work - since you mentioned you got your GED and can work more hours, that should work in your favor. Make sure to file your weekly certifications on time and keep detailed records of your job search activities. The process really is straightforward, and you've earned these benefits through your work contributions. Don't hesitate to reach out to the office if you have questions during the process!
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Sienna Gomez
•This is incredibly helpful coming directly from a NYS Department of Labor caseworker! Thank you for taking the time to confirm all the information and provide those specific details about what I'll need when filing. It's really reassuring to hear from someone who works with these cases regularly that the system treats all claimants equally regardless of age. I have all the documents you mentioned ready to go, and I'm glad my GED situation should work in my favor for the availability requirement. I really appreciate you emphasizing the importance of being honest and keeping detailed job search records - I'll make sure to stay on top of the weekly certifications. Thanks for offering to help if questions come up during the process. Having an actual caseworker weigh in makes me feel much more confident about moving forward with my claim!
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