Date: 201912
Local time of day: 0601-1200
Location: EWR.Airport, NJ
Light: Daylight
Aircraft: Embraer Undifferentiated or Other Model
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Climb
Airspace: Class B EWR
ATC / advisory: TRACON N90
Reporter organization: Air Carrier
Reporter function: Captain; Pilot Not Flying
Reporter qualification: Flight Crew Multiengine; Flight Crew Instrument; Flight Crew Air Transport Pilot (ATP)
Human factors: Distraction; Workload; Communication Breakdown
Second reporter function: Pilot Flying; First Officer
Anomaly: ATC Issue All Types; Deviation - Altitude Overshoot; Deviation - Track / Heading All Types; Deviation / Discrepancy - Procedural Clearance
Detector: Person Air Traffic Control; Person Flight Crew
When detected: In-flight
Result: Flight Crew Became Reoriented; Flight Crew Returned To Clearance; Flight Crew Requested ATC Assistance / Clarification
Contributing factors: Human Factors; Procedure
Primary problem: Ambiguous

Narrative: Departing 22R EWR we followed the EWR4 departure. On a heading of 220 we were given a climb to 6000. At or about one mile east of ELVAE intersection we were told direct ELVAE (seemingly in the form of a question) I read back direct ELVAE; but doing so would've required a sharp turn west followed by another sharp turn southeast to intercept the course to COL. Because we were so close to ELVAE; I elected to join the course to COL. I can only speculate; but I believe that ATC might have been under the impression we were already given direct ELVAE (which we were not). He did mention that we showed one mile off course from direct ELVAE. This would not be ideal; at our speed; to turn so sharply one direction and back again in the other direction with a fix that's within one mile of our current position. This caused a discussion between me and ATC; to clear the confusion; but during that discussion we climbed 200 feet above the assigned 6000. Simultaneously both ATC and both of us realized this and we quickly went back to 6000. The First Officer was hand flying. The confusion about direct ELVAE drew our attention away long enough to deviate from our assigned altitude. Again; I believe ATC thought we were already direct. I do not believe ATC would issue a turn direct to a fix that's within one mile of an aircraft's position with another turn in the opposite direction in normal operations. I suggest not hand flying; and using the autopilot would have probably been an altitude deviation saver in this event. Going forward; I will insist on autopilot use while on these departures; and any other time during high workload environments.


Second narrative: We were cleared for take-off on 22R/W via Newark4 departure. Right after liftoff we're asked to contact departure which we did. NY departure instructed us to climb and maintain 6000 ft. I was hand flying while Captain was the Pilot Monitoring. As we turned right to comply the departure procedure per the DME depicted on it; NY departure requests that direct ELVAE meanwhile we were right over it. At that moment argument arises between ATC about a direct ELVAE which would had been a tight turn. I got distracted by their conversations which led me to burst altitude by 200 ft. above the assigned 6000ft.Probable cause was hand flying during busy workload & argument between ATC with the Pilot Monitoring.Suggest not hand flying at any time during high workloads. Will recommend the use of Autopilot during these phases of flight from congested airspace.


Synopsis: Flight crew reported that while departing EWR; confusion with ATC clearance resulted in a track and altitude deviation.