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File ASAP and be honest about everything. The adjudication process will review all the facts. If you can show the car problems were legitimate and you tried to address them, you have a good shot at approval.
I went through something similar a few months ago - got fired for attendance due to public transit delays that were completely out of my control. NYS DOL approved my claim after about 3 weeks of review. The key things that helped me were: 1) I documented every incident with timestamps and photos of delayed train notifications, 2) I showed I had notified my supervisor each time I was going to be late, and 3) I had a generally good work record otherwise. Since you mentioned car troubles, definitely gather those mechanic receipts and any texts/emails you sent to your boss about the situation. The fact that you worked there for 2 years with no other issues will definitely work in your favor. Good luck!
The NYS Department of Labor system is so broken. They make you jump through hoops even when you deserve benefits. I got fired for 'performance issues' which was basically my boss not liking me, and they still made me wait 6 weeks while they 'investigated.' Meanwhile bills don't stop coming. Good luck dealing with their bureaucracy.
I went through something similar when I got let go for attendance issues last year. The NYS Department of Labor will review your case individually - they look at whether you had good cause for the absences and if your employer followed their progressive discipline policy. Since you have documentation of car trouble, make sure to gather any repair receipts or records showing when your vehicle broke down. Also check if your employer has a written attendance policy - sometimes they don't follow their own procedures which can work in your favor. File your claim as soon as possible because even if approved, there's usually a one-week waiting period before benefits start.
I had a similar situation about a year ago - fired for excessive tardiness due to a combination of public transit issues and medical appointments for my chronic condition. I was really worried about getting denied since I had about 18 late arrivals over 5 months. NYS Department of Labor did approve my claim after about 3 weeks, but the process was nerve-wracking. During the phone interview, they asked very specific questions about each incident and whether I had documentation. What helped my case was that I had saved all my emails to my supervisor about the transit delays and had medical records showing my appointment times. The adjudicator told me that the key factor was that I wasn't being deliberately negligent - I was dealing with circumstances largely outside my control and had made efforts to communicate with my employer. Definitely gather any evidence you have about the car problems and childcare issues, and file your claim as soon as possible. The worst they can do is say no, and you might be pleasantly surprised.
Your story really resonates with me - the nerve-wracking part especially! It's encouraging to hear from someone who had even more tardies than me and still got approved. I never thought to save emails about communication with my supervisor, but I think I do have some text messages where I let them know about car troubles. The specific questions part makes me nervous but also gives me hope that they really do look at the individual circumstances rather than just seeing "attendance issues" and automatically denying. Thanks for the practical advice about gathering evidence - I'm going to dig through my phone and see what documentation I can find before I file.
I went through something very similar about 8 months ago when I got terminated from my manufacturing job for attendance issues. I had around 14 tardies and 6 absences over a 4-month period, mainly due to my son's asthma flare-ups requiring emergency doctor visits and my unreliable car. I was terrified about filing because I thought getting fired for attendance was an automatic disqualification. But NYS Department of Labor actually approved my claim after about 5 weeks. The phone interview was thorough - they asked about each incident, whether I gave notice when possible, and what steps I took to address the underlying problems. What really helped was that I had kept a folder with all my communication to my supervisor (texts, emails) about the emergencies and car troubles, plus medical records for my son's appointments. The adjudicator explained that they distinguish between willful misconduct and circumstances beyond your reasonable control. Since I wasn't just skipping work for fun and had made efforts to communicate and solve the problems, they ruled in my favor. My advice is definitely file the claim, be completely honest during the interview, and gather any documentation you have about the legitimate reasons for your absences. Don't let fear of denial keep you from trying - you might have a stronger case than you think!
i FINALLY got thru to someone by using claimyr.com. it's a service that calls and waits on hold for u, then connects you when a human answers. talking to an agent got my $ unlocked so fast, and i was in the exact same situation.
the difference is it actually works lol. they just call and wait on hold so you don't have to. when they get someone they connect you. super simple and saved me hours of hold music.
I tried calling for 3 days straight and kept getting disconnected. Used Claimyr and got through same day. Was literally the only way I could talk to a human at Key2Benefits.
This is so frustrating! I'm dealing with something similar but with my regular unemployment certification - the whole NY system seems to have issues every few weeks. Have you tried calling the NY DOL directly at 888-209-8124? Sometimes they can see what's going on with your account even if it's a Key2Benefits issue, since they're the ones who send the payments there. Also, if you have any local career centers or American Job Centers nearby, some of them have staff who can help navigate these technical problems. Worth a shot while you're trying the other suggestions people mentioned!
Max Knight
Good point about job searches. You need to be doing at least 3 job search activities per week and keeping detailed records. This includes applying for jobs, networking activities, attending job fairs, etc. The NYS Department of Labor can audit your job search log at any time so keep good documentation.
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Zainab Ahmed
I went through something similar with attendance issues and car problems. The key thing that helped my case was that I had documentation - text messages to my supervisor about the car trouble, repair receipts showing when it was in the shop, and proof I was trying to find alternative transportation. NYS DOL looks at whether you made a good faith effort to maintain your job despite the circumstances. If you have any records of communicating with your manager about the car issues or trying to arrange rides/alternative transportation, gather all of that. It shows the absences weren't just careless but due to legitimate transportation barriers.
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Amina Diallo
•That's really good advice about documentation! I wish I had kept better records at the time. I did text my manager a few times about my car breaking down but I'm not sure if I still have those messages. Do you think it's worth trying to recover old texts or get receipts from the mechanic even now? I'm wondering if it's too late to gather that kind of evidence since I already filed my claim.
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