Same thing happened to my cousin except it was for being late too many times instead of missing work completely. She still got her benefits after explaining the situation during the phone interview.

I work for a nonprofit that helps people navigate unemployment claims, and I can tell you that attendance-related terminations are evaluated case by case. The key factors NYS DOL considers are whether the absences were willful misconduct versus circumstances beyond your reasonable control. Document everything - transportation breakdowns, childcare emergencies, any medical issues. When you file your claim, be completely honest about the attendance issues but also clearly explain the underlying causes. Many people in similar situations do receive benefits, especially when they can show they made good faith efforts to maintain attendance despite legitimate obstacles.

Apply anyway! Even if they fire you, you should file your claim right away. The adjudication process will determine if your attendance issues constitute misconduct. Don't assume you're disqualified - let NYS Department of Labor make that determination based on all the facts.

I went through something similar last year. The important thing to understand is that NYS Department of Labor distinguishes between different types of misconduct. Simple tardiness due to childcare issues often doesn't rise to the level of "willful misconduct" that would disqualify you. I'd recommend documenting everything - keep records of your childcare provider's schedule changes, any daycare closures, doctor visits for your child, etc. When you apply, be completely honest about the circumstances. Many parents face these exact challenges and the system does recognize legitimate childcare conflicts as different from just being irresponsible. Also, even if you're initially denied, the appeals process gives you a chance to present your case more thoroughly with all your documentation.

One thing to keep in mind is that your unemployment benefits will be taxable income when you file your taxes next year, even though they're based on gross wages. So you might want to consider having taxes withheld from your weekly payments to avoid owing money later.

This is really helpful information everyone! I'm in a similar situation and was also confused about the gross vs net distinction. @Liam Fitzgerald - with your $52k gross income, you should be looking at a decent weekly benefit amount since NYS caps out at $504/week maximum. The formula is roughly 50% of your average weekly wage during your highest earning quarter in the base period, so you'll want to look at your quarterly earnings to get a better estimate of what to expect.

OMG I'm so glad you asked this question! I've been freaking out about the same thing. Just lost my job at a restaurant downtown and filed last Friday. Been googling constantly trying to figure out if I'd have to wait a whole week with no income. This thread is so helpful - I was about to panic.

Just wanted to confirm what others have said - NY definitely eliminated the waiting week back in March 2020 and it's been permanent since then. I went through this process about 6 months ago and got paid starting from my first eligible week. The 10 days you've waited is totally normal for initial processing. NYS DOL usually takes 2-3 weeks for that first payment to hit your account, especially if you're doing direct deposit setup for the first time. Keep doing those weekly certifications and you should see movement soon. If it goes past 3 weeks total, that's when I'd start making some calls.

I'm dealing with the exact same frustrating situation - filed my unemployment claim 16 days ago and it's still stuck in pending status with absolutely no communication from NYS DOL. Like you, I lost my restaurant job (in Brooklyn) due to slow business and have all the proper documentation. The complete silence from the department is maddening when you're trying to plan for basic expenses. I've been filing my weekly claims religiously and checking my account constantly hoping for any update. Reading through all these responses, it seems like 2-4 weeks is unfortunately becoming the new normal, which is absolutely unacceptable when people are struggling to pay rent and buy groceries. I'm going to try calling that Telecert number at 8 AM tomorrow morning - hopefully we can both get some answers soon!

I'm in the same boat - filed my claim 12 days ago and still pending with zero updates from NYS DOL. Lost my job at a deli in Manhattan and have been stressing about bills while waiting for any kind of response. What's really getting to me is how there's no transparency about what's causing the delays or even a rough timeline. I've been reading that some people call the UI helpline at 888-209-8124 instead of the Telecert number - apparently they can sometimes give you more detailed info about what's holding up your claim. Planning to try both numbers early tomorrow morning. This whole system desperately needs better communication - even just automated status updates would help reduce the anxiety of not knowing anything.