Looking for advice on Unemployment in NY (attorney, home)

[ab1183]

I was fired from a job in Feb. The employer missed the deadline to dispute it, so I began getting unemployment checks. After the deadline passed they filed paperwork to dispute it and my checks got cut off. Why even bother having a deadline that apparently means nothing? I posted a handwritten note on a Wednesday saying the job sucked, and was sent home for the rest of my shift and told to come back on my next scheduled workday which was Friday. In this meeting I specifically asked if I was being fired and they said no. I was told that my punishment was missing the rest of my shift. I was also told that it was solely my decision on whether or not I was to remain employed there. On Friday, I called out and said I wasnt feeling well and wouldnt be in that day. I called out 3 hours in advance and I had plenty of sick time to use. About 4-5 hours later I was called and told that I was being fired. It seems to me I was being fired for calling out, since I was already told I would not be fired for posting the note. Posting the note was in violation of company policy, so that was the reason they denied my unemployment. My questions are, do I have a leg to stand on in appealing this decision? And 2, would it be worthwhile to obtain an attorney? Any help would be greatly appreciated.

[OhBeeHave]

The state will start paying UI while the employer is responding to your claim against the business. As an employer, I can assure you thay NYS asks for proof as to what happened. You should have received a letter stating why you UI was discontinued. The question here is whether you legitimately were fired with cause or whether you quit or whether you were fired without cause. Whatever reason given on the letter is what you have to fight.

I had one former employee show up at a hearing with his legal aid attorney. I had more info on the former employee than he gave his attorney (in his effort to sway his case he withheld key info which would implicate him on a bigger violation.)

You can try to fight it. -- I am a firm believer in standing up for oneself -- but you had best be sure you take into account any earlier issues ie excessive lateness or absences, issues with clients, etc. Have solid evidence to support yourself.

Whatever you do -- don't lie on the forms. I had a former employee who did that and I had more than enough evidence to prove he lied. The state will ban you from collecting UI for 2 years if caught lying.