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Lauren Zeb

Can I collect unemployment if I get fired for attendance issues in NY?

So I've been having some attendance problems at my retail job and my manager gave me a final warning last week. If they end up firing me for attendance, would I still be able to get unemployment benefits through NYS Department of Labor? I've been working there for almost 2 years and this is my first real job. I know they have to have a good reason to deny benefits but I'm not sure if attendance counts as misconduct or what. Has anyone been through this before?

Attendance issues can be tricky with NYS Department of Labor. It really depends on the circumstances - were you absent due to illness, transportation problems, or just calling out randomly? If you had legitimate reasons and your employer didn't work with you on accommodations, you might still qualify. The key is whether NYS Department of Labor considers it willful misconduct. You should definitely file a claim if you get terminated and let them make the determination during adjudication.

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Lauren Zeb

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Most of my absences were because I don't have reliable transportation and the bus route changed. I did try to explain this to my supervisor but they said it wasn't their problem.

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I got fired for attendance last year and still got my unemployment approved. The trick is being honest on your application about why you were terminated but also explaining your side of the story. NYS Department of Labor will contact your former employer to get their version too. If your absences were due to circumstances beyond your control, you've got a good shot at getting benefits.

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Anthony Young

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How long did the adjudication process take for your claim? I'm dealing with something similar right now.

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Took about 3 weeks for them to make a decision. I had to submit some documentation about my transportation issues though.

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ugh the whole system is such a nightmare... i got denied for attendance even though i had doctors notes for half my absences! had to go through the whole appeal process and everything. NYS Department of Labor always sides with the employer first it seems like

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Admin_Masters

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If you're having trouble reaching NYS Department of Labor to check on your claim status or get clarification on attendance-related denials, I found this service called Claimyr that actually helps you get through to a real person at the unemployment office. They have a website at claimyr.com and there's a demo video at https://youtu.be/qyftW-mnTNI showing how it works. I was stuck in adjudication hell for weeks before using them to finally talk to someone who could explain what documentation I needed.

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Lauren Zeb

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That's interesting, I've been trying to call for days and just get busy signals. Is it expensive?

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Admin_Masters

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They focus on getting you connected rather than the cost. Worth checking out if you're stuck in the system and need real answers about your specific situation.

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Just make sure you file your claim right away even if you think you might get denied. There's a time limit and if you wait too long you could lose out on benefits entirely. The worst they can do is say no but at least you'll have your application in the system.

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I went through this exact situation about 6 months ago. Got fired for attendance issues at my warehouse job - mostly late arrivals due to childcare problems. I was honest on my unemployment application about being terminated for attendance but explained the circumstances. NYS Department of Labor approved my claim after about 2 weeks of review. The key is documenting any legitimate reasons for your absences and being upfront about everything. Don't let them catch you being dishonest because that will definitely hurt your case. File as soon as you can after termination and be prepared to provide any documentation that supports your side of the story.

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NeonNomad

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@Kelsey Hawkins This is really helpful to hear from someone who went through the same thing! Did you have any documentation for your childcare issues or did you just explain it in the application? I m'worried they won t'take transportation problems as seriously as childcare responsibilities.

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Carmen Lopez

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Transportation issues can definitely be considered legitimate circumstances by NYS Department of Labor, especially if you can show you made efforts to address the problem. I'd recommend documenting everything you can - any emails or texts to your supervisor about the bus route changes, maybe a screenshot of the transit authority's route change announcement if available, or even a letter from the bus company confirming the service disruption. When you file your claim, be specific about how the transportation issue was beyond your control and what steps you took to try to resolve it. The fact that you tried to communicate with your supervisor shows good faith effort on your part.

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Asher Levin

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This is great advice! I never thought about getting documentation from the transit authority about the route changes. I actually have some text messages with my supervisor where I explained about the bus issues, so that might help too. It's good to know that transportation problems can be considered legitimate - I was worried they'd just see it as my fault for not having a car or something.

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