[New York] Can I be denied unemployment for not going into the office?

[photomanpianoplayer]

contract says I will do my job both in office and remotely (but no set days are said in the contract).

I went to the office 1-3 days a week at first, but quickly realized it was ridiculous. In the office I just took a desk and did zoom meetings with my colleagues who are virtually all remote anyway.

So I mostly stopped going to the office (Went only a few times this year). I was recently fired. The cause given to me was because I was no longer going to the office.

This was NOT the real reason why I was fired though because most people are remote anyway. I was fired because the person I reported to didn't like that I was able to point out some of the errors she was making. I was doing this to Help, but she didn't see it that way. And by the time I realized this it was too late. Can I prove this to DOL? I do believe I can actually. I have videos of meetings between me and the boss. (Just in case that matters. I've never been on unemployment before)

My job has been reposted on a job website. Can I still get unemployment?

 

[azrael18]

@photomanpianoplayer No, this is called job abandonment and is a clear case to deny. Imagine you work at McDonald’s and just stop going to work. You can’t decide on your own that you’re just going to work at home.

 

[dupare]

@photomanpianoplayer You can’t just make up your own damn rules. I’m generally super-supportive of UI claimants, but if you’re not disqualified then there is something seriously wrong with the world.

 

[photomanpianoplayer]

@dupare What rules did I make up?

 

[ema20]

@photomanpianoplayer Are you saying you decided on your own to stop reporting to the office as it says in your contract?

If that's what you're saying the other parts of the story don't matter.

 

[photomanpianoplayer]

@ema20 No I'm saying that I went to the office but not regularly. The contract says I will work from home and in-office, but that's all. It does NOT say when or how often.

I had to move and started going in about once a month instead. They didn't have a problem with that for months (everyone else was remote) until I pissed off the boss then suddenly they pretended there was a problem with it.

 

[ema20]

@photomanpianoplayer So you decided on your own to reduce time in the office without discussing this with your supervisor? So weeks would go by without an in-office day? Ya that's misconduct and would be ineligible for unemployment if that's what you're saying. And it sounds like you are.

 

[photomanpianoplayer]

@ema20 I told the boss months in advance. They said thanks for letting me know and had no problem with it.

Then 4 months later They suddenly bring it up after I pissed them off about something else that I didn't mean to.

 

[ema20]

@photomanpianoplayer Maybe you'll have a shot then. You didn't mention you'd notified them. Odd that you didn't mention that actually, that email and their response, or lack of one, is absolutely key here.

 

[photomanpianoplayer]

@ema20 Never filed for unemployment before and don't really know what's key or necessary. But I did email them over 4 months prior to being let go and they responded with a thank you.

 

[ema20]

@photomanpianoplayer Then that should be your whole case. Just focus on that, don't mention the supervisor not liking you or anything else.

 

[photomanpianoplayer]

@ema20 Ok. But how else would I explain the sudden change in wanting me in the office all of a sudden? I wouldn't have to explain that part?

Also does an appeal always happen before a judge? That seems very heavy. Is it like court? I thought it would just be like someone in an office that I present all the facts and documents to.

 

[ema20]

@photomanpianoplayer Well was there other correspondence about the working from home after, "thank you"? If there wasn't you should be ok.

If there was? What was it? It depends.

Most appeals are over the phone and about 10 minutes in length.

 

[photomanpianoplayer]

@ema20 Really?? If they're over the phone how can I even show them the evidence?

There was no correspondence about it after that at all.

 

[kaiser123]

@photomanpianoplayer Did you only go a few times last year or did you go at least once a month, each month?

If the contract says nothing and you have been remote for a long time and they didn't say anything, you should be approved if that is the reason they give UI. You need to have the contract ready to send.

If denied, and they rule you were fired for not coming into the office, they will have to prove you violated the policy or contract by not working more in the office.

 

[photomanpianoplayer]

@kaiser123 Last year I went at least 6x a month minimum.

Then email sent end of last year and then it dropped to 5 times the whole of this year.

 

[shicomi]

@photomanpianoplayer What were you told when you were discharged? Did they give you a reason? Was it in writing?

 

[etienne92]

@photomanpianoplayer If the contract is vague, I'd file. Submit and state you did go. Let them show it wasn't enough to meet what wasn't written down anywhere.

 

[ema20]

@etienne92 Agree it's worth a shot but I'd tell a friend or family member they are likely going to not get benefits.

 

[etienne92]

@ema20 I'd prefer a judge decide this. A written contract is gold. No other evidence is as good.