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I went through this exact same situation last year - warehouse job, unsafe conditions, forced resignation. The key thing that helped me win my appeal was being super specific about how the unsafe conditions violated OSHA standards. I listed every incident with dates, described exactly what safety equipment was broken or missing, and included photos I took on my phone. Also document any conversations where you brought up safety concerns to supervisors. The judge wants to see you made reasonable attempts to fix the situation before quitting. Don't just say "unsafe conditions" - say things like "forklift had faulty brakes reported on [date], no safety harnesses provided for elevated work, blocked emergency exits, etc." Good luck!
I've been through this process twice - once successfully, once not. The difference was in the details. For your unsafe warehouse conditions case, you need to frame it around NYS Labor Law standards. Mention specific violations like inadequate ventilation, broken machinery without lockout/tagout procedures, missing safety guards, or violations of warehouse height safety requirements. The administrative law judge needs to see that a reasonable person in your situation would have quit. Also, if you filed any workers' comp claims or incident reports while employed, definitely include those. One thing I learned the hard way - if you have any medical documentation showing stress or injury from the unsafe conditions, include that too. The NYS Department of Labor considers both physical safety and health impacts when determining "good cause" for leaving. Keep the letter under 2 pages but make every sentence count.
This is exactly the kind of detailed advice I needed! I actually did file two incident reports with HR about the broken conveyor belt safety guards and the lack of proper ventilation in our storage area. I also have a workers' comp claim from when I strained my back trying to lift boxes that should have been moved with proper equipment. I didn't realize these could help strengthen my appeal case. Should I attach copies of these documents or just reference them in my letter? Also, when you mention keeping it under 2 pages, is that for the letter itself or does that include attachments?
yeah this happened to me too, employers don't really care about unemployment stuff as long as you can start when they need you
I'm going through something similar right now - my claim has been pending for over a month and it's definitely affecting my job search momentum. The stress of not knowing when or if benefits will come through makes it hard to stay focused during interviews. I've found it helps to frame it as "navigating administrative processes" rather than dwelling on the delays when talking to employers. The uncertainty is the worst part though - at least when you know your financial situation you can plan accordingly.
I'm sorry you're going through this tough situation. From what I understand about NY unemployment law, failing a drug test is generally considered "misconduct connected with work" which would disqualify you from benefits. However, every case is different and there can be nuances - like whether your employer had a clear drug policy that was properly communicated, or if there were any medical factors involved. I'd recommend filing your claim anyway since the determination process will review all the specifics of your case. You have nothing to lose by applying, and if you're denied, you can always appeal. Make sure to gather any documentation about your employment, the drug test process, and your termination. Good luck!
Hey Tobias, I'm really sorry you're dealing with this situation. I actually work in HR and have seen cases like yours before. While failing a drug test is typically classified as misconduct, there are some factors that could potentially work in your favor. For instance, if your employer didn't have a clearly written drug policy in your employee handbook, or if they didn't follow proper testing procedures, that could be grounds for your claim. Also, the timing matters - some people have successfully argued that off-duty conduct shouldn't disqualify them if it didn't directly impact their work performance. I'd definitely recommend filing your claim and being completely honest about the circumstances. Make sure to mention your 8 months of good work history too, as that shows you were a reliable employee. The worst case scenario is they deny it, but at least you'll have tried. And if denied, the appeal process gives you another chance to present your case with more documentation.
This is really insightful, Andre. The point about the employer's drug policy documentation is something I hadn't considered. @Tobias Lancaster - do you remember if you signed a specific drug policy acknowledgment when you started, or was it just mentioned in general employee orientation? That detail could be really important for your case. Also, since you mentioned this was a random "test," it might be worth checking if your employer follows consistent testing procedures for all employees. Sometimes inconsistent enforcement can work in your favor during the review process.
yeah i had unemployment last year and got a small refund actually. but i think it was because i had other tax credits that helped offset things. really depends on your whole tax picture not just the unemployment part
Based on your numbers ($14,500 in benefits with $1,450 withheld), you'll likely owe additional federal taxes. The 10% withholding often isn't enough since unemployment benefits are taxed as ordinary income. For 2024, if you're single with $14,500 income, your effective tax rate would be around 12%, so you'd owe roughly $1,740 total federal tax. Since only $1,450 was withheld, you'd probably owe around $290 more. Don't forget about NY state taxes too - they don't automatically withhold state taxes from unemployment benefits, so you'll likely owe state taxes as well unless you made quarterly payments.
This is really helpful, thank you for breaking down the numbers! I completely forgot about NY state taxes - I didn't have anything withheld for state. Do you know roughly what the NY state tax rate would be on unemployment benefits? I'm trying to figure out how much I should set aside before I file.
Savanna Franklin
Just be really careful about this stuff. I reported my wages wrong once and they hit me with an overpayment notice months later. NYS Department of Labor doesn't mess around with wage reporting errors.
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Anastasia Kozlov
•@Savanna Franklin How long did it take for them to catch the error? I m'worried I might have made a mistake on one of my recent claims and wondering if I should contact them proactively to fix it or wait to see if they notice.
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Dmitry Petrov
•@Savanna Franklin This is really concerning to hear! I m'new to filing unemployment claims and want to make sure I get this right from the start. When you say you reported wages wrong, was it because you didn t'include tips or because you reported wages for the wrong week? I m'trying to understand the most common mistakes so I can avoid them. Also, did NYS Department of Labor give you any guidance on how to prevent this in the future?
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Juan Moreno
For tips specifically - if you're in a restaurant job, make sure you're reporting what you actually received, not what the restaurant reports as your tip income. Sometimes there's a difference and you want to be accurate on your weekly claim certification.
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Mateo Martinez
•@Natasha Orlova You should report the gross tips before any tip-outs or deductions. NYS Department of Labor wants to see your total earnings before any splits with kitchen staff or processing fees. Think of it this way - if you earned $100 in tips but had to tip out $20 to the kitchen, you still earned $100 in wages that week. The tip-out is just how you distributed your earnings afterward. I learned this the hard way when I first started filing - better to over-report slightly than under-report and face an overpayment situation later.
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Atticus Domingo
•@Mateo Martinez Thanks for clarifying this! I m'still learning the system and this tip-out situation has been confusing me. Just to make sure I understand - if I earned $150 in tips during my shift but tipped out $30 to bussers and kitchen staff, I should report the full $150 on my weekly certification? And does this apply to other deductions too, like if the restaurant takes out credit card processing fees from my tips? I want to be absolutely certain before I file my next claim.
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