[New York] Terminated before last shift

[sandcastle91]

1 year ago, I was a nurse in an outpatient clinic, I submitted my resignation the day prior, and before | worked my last shift I was terminated immediately. I now received the determination that I am not eligible. Should I try and appeal it?

This office was not maintaining standard levels of care or practice, or following health laws. I gave them months to try and rectify it and nothing, undocumented of course. I also felt like it was a toxic environment with my supervisor. I wasn't planning on filling Ul because I finally had enough. I thought being terminated immediately before my last shift qualified me

The HR rep paid me for last shift because she said she pretty much advocated that it was f*cked up to not let me tie up any loose ends when I was willing to.
Can I find out if it was part of a plot to cover their bases? I didn’t think about it until the DOL rep brought it up last week.

Can I see what they told the DOL?

 

[angelina185]

@sandcastle91

Should I try and appeal it?

On what grounds would you appeal?

I gave them months to try and rectify it and nothing, undocumented of course.

This why your determination stated that you quit, didn't notify your supervisor, and didn't give them a chance to make changes. "No documentation, no proof, it didn't happen" according to them. How would you refute this? Any personal notes? Emails? Text messages? Photos?

I also felt like it was a toxic environment with my supervisor.

You are coming off as a disgruntled employee trying to bolster a weak case by throwing this in the pot, unless you can cite specific incidents that rise to the legal definition of a hostile work environment and that you reported them (see my comment below).

The HR rep paid me for last shift

If you were paid through your notice period (whether or not you worked), then you would not be eligible for unemployment because you were neither terminated nor laid off through no fault of your own. I believe that's the "loose end" that needed tying up.

Also, you have an HR rep, and you didn't report any of what you are alleging? I can guarantee that your employer harped on the fact that you didn’t report anything to both your supervisor or HR department, and regardless of your reasons, this makes you look less credible. Did you report any of the health violations to a state/federal agency? If no, then this case is a wash.

 

[beloved_prophet]

@sandcastle91 What was the reason given for the decision?

 

[sandcastle91]

@beloved_prophet I quit. I failed to address issues with my supervisor. I quit before the company could make changes

 

[kaiser123]

@sandcastle91 Sounds right. So, you need to submit documentation that you tried to resolve the issue prior to quitting. If you have that, you will win. If you don't you will likely lose.