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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.
Been through this exact situation. The hearing was actually pretty easy - just had to explain what happened and show my layoff paperwork. The judge was fair and overturned the denial within a week of the hearing. Don't give up!
I went through something similar when I was wrongly classified as a voluntary quit instead of being laid off. The most important thing is to act quickly on that 30-day deadline for appeals. When you file, be very specific about the error - clearly state that you were involuntarily terminated due to company downsizing, not voluntary separation. Include dates, names of supervisors who conducted the layoff, and any HR documentation you have. Also, if any of your coworkers were laid off at the same time, their contact info could be helpful as witnesses. The hearing officers are usually pretty good at recognizing legitimate cases once they have the facts straight. Stay persistent and keep filing those weekly claims while you appeal!
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.
smh at everyone saying "just call them"... like have yall TRIED calling ny unemployment lately? You'll be on hold for 5+ hours only to get disconnected. The system is broken af.
That's why I used claimyr.com - they deal with the hold times and only connect you when there's an actual human on the line. Worth every penny when you're desperate to get your claim moving.
I went through almost the exact same thing 2 years ago - quit after 15 years due to stress-related health issues. Here's what I learned: NY does allow unemployment for "good cause" resignations, but you need ROCK SOLID documentation. Get your doctor to write a letter stating that continuing employment would pose serious health risks and that resignation was medically necessary. Also document everything about your work conditions - emails about workload, any attempts to get help from management, evidence of the toxic environment. The online system will probably auto-deny you, so be prepared to appeal. I had to go through 3 months of back and forth, but eventually got approved with full backpay. The key is having all your documentation ready and being persistent. Don't let the initial denial discourage you - fight it!
This is incredibly helpful - thank you for sharing your experience! 3 months sounds brutal but I'm encouraged that you got approved with backpay. When you say "rock solid documentation," how detailed did your doctor's letter need to be? Did they have to specify exact symptoms or just that continuing work would be harmful? I'm meeting with my doctor tomorrow and want to make sure I get the right language.
NebulaNinja
This whole system is so backwards though. Like why should employers have to pay for unemployment when half the time people get fired for legitimate reasons? Just creates more costs for businesses trying to operate.
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CosmicCrusader
•The system is designed to provide a safety net for workers who lose jobs through no fault of their own. Even if someone is terminated for cause, they may still be eligible for benefits depending on the circumstances - it's not automatic disqualification.
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Victoria Jones
Thanks everyone for clarifying this! I had the same confusion when I started my first job. One thing to add - if you're ever unsure whether your employer is properly registered and paying UI taxes, you can also check your pay stub. While you won't see a deduction for unemployment insurance (since you don't pay it), legitimate employers will often list it in the "employer taxes" section or have it noted somewhere. Also, keep all your pay stubs - you'll need them if you ever have to file for unemployment benefits to prove your wages and work history.
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Fatima Al-Rashid
•That's really helpful advice about checking pay stubs! I never thought to look for that employer taxes section. Is there a specific line item or code I should be looking for that indicates unemployment insurance contributions? I want to make sure my new employer is doing everything properly from the start.
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