You definitely should appeal this. Willful misconduct requires intent to harm the employer or deliberate disregard for their interests. Simple policy violations might not meet that standard depending on the circumstances. The appeal process gives you a chance to present your side and challenge their interpretation.

I work in employment law and see these cases regularly. The key thing to understand is that NYS Department of Labor defines willful misconduct more broadly than most people expect. It's not just criminal behavior - it includes any deliberate violation of reasonable employer rules after you've been given notice that the behavior needs to stop. Since you had two written warnings about phone use, they likely have a strong case. However, you should still appeal because sometimes the employer's documentation is inadequate or the policy wasn't clearly communicated. The worst that happens is you lose the appeal, but you might win if there are gaps in their evidence.

The general rule is file the day after your last day of work or as soon as you know you'll be unemployed. For layoffs with advance notice, you can sometimes file before your last day if you have a specific end date. But in most cases like yours where you're already separated, file immediately. The my.ny.gov system will walk you through everything step by step.

I went through this exact same confusion when I lost my job last year! The key thing to remember is that your benefit year starts from when you file, not when you became unemployed. Since you're already 5 days past your last work day, definitely file today - don't wait any longer. I made the mistake of overthinking it and lost a whole week of potential benefits. The online system at my.ny.gov is actually pretty straightforward once you get started. Just have your Social Security number, driver's license, and employment history ready. The sooner you file, the sooner your waiting week starts counting down. Good luck!

I went through this exact situation about 6 months ago with my two kids. You can definitely get both - I'm still receiving SNAP even while getting unemployment. The key thing is to be completely honest on your SNAP application about receiving unemployment. They'll calculate your SNAP benefits based on your total household income including the unemployment payments. For a family of 3, you might still qualify for a decent amount even with unemployment income. Also, don't forget to look into WIC if your kids are under 5 - that's separate from SNAP and really helpful for families. The whole process takes a few weeks so definitely get both applications in as soon as possible.

I'm in a similar situation and just wanted to add that the local DSS offices can be really helpful if you can get there in person. I know it's hard with kids but when I applied for SNAP, the caseworker walked me through exactly how my unemployment benefits would affect my food stamp amount. They have calculators that show you right away what you'd qualify for. Also, if you're having trouble with childcare for job searching while on unemployment, some counties have emergency childcare assistance programs that can help bridge the gap. Don't give up if the first application seems overwhelming - there are people there to help you navigate it all.

To answer your follow-up question - you don't need to provide LLC documentation to NYS Department of Labor unless they specifically request it during an audit or investigation. The important thing is accurate weekly reporting. If your business starts generating income, even $1, report it. If you work on business activities during a week you're claiming benefits, report those hours.

I went through this exact situation last year and want to share what I learned. You can absolutely form an LLC while collecting unemployment - I did it and had no issues. The key is understanding the difference between forming the LLC (which is just legal paperwork) and actually operating the business. NYS Department of Labor doesn't care about the paperwork part, but once you start doing any work activities for the business, you need to report it on your weekly claims. My advice: file the LLC if you want to get that step done, but be very careful about any business activities until you're ready to potentially transition off unemployment. Also, keep detailed records of everything - dates, hours worked, any income, etc. The documentation saved me when I had questions later.

The pandemic programs ending was such a mess. So many people got cut off suddenly and didn't understand why. At least now the system is back to normal operations but it's still a pain to navigate sometimes.

I remember the confusion back in 2021 when those programs ended. A lot of people didn't realize the cutoff was so abrupt. Your brother might want to check if he qualifies for regular NY unemployment instead - the eligibility requirements are different but if he recently lost a job he might still have options. The NYS Department of Labor website has a good eligibility checker tool that can help determine if someone qualifies for current benefits.