Fired for being late. Can I appeal the decision to deny me unemployment in New York?


(New York City)

I work for a cable company for about a year and a half.I didn't have any major problems got along with my co- workers or supervisors. My supervisor was promoted to a new position and we got a new supervisor. This supervisor was pretty hard to deal with but we all tried to keep it cordial. I always came in 15 to 30 mins before my time because for some reason it took me up to 5 min to punch in (the only way to punch in is through a scanner that would read your finger print which in my case would be my index finger.)My previous supervisor knew about this problem,

and told me that I can come in earlier and as long as I was at my work station, preparing to start the day, that I would be paid from the time I punched in. So immediately when the new supervisor started with us he gave me hard time about that. I explained the situation to him and his response was ,"That is not the company's or my problem. I don't need you 15-30 min before your schedule time, I need you at your scheduled time so punch in at your scheduled time". After that, everything started to go down hill for me, I was written up for being late 3-5 min and eventually fired for being late. When I tried to claim unemployment they said that it was an act of misconduct from my part and I am not eligible for unemployment. At the current moment I am unemployed and have no income coming in I had to go on emergency public assistance but it's still not enough. Is there anything I can do to reverse this decision?


Hi Anonymous
To even have any hope of reversing the initial determination, you need to appeal it.

This will create a hearing at which you will be able to tell the state (an administrative law judge) why you feel the determination was in error and the employer will tell why they felt your actions were misconduct.

You may have witnesses and submit documentation or even subpoena witnesses and documentation that you feel would support your case.

The place to start would be here.

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