Can I get NYS Department of Labor unemployment if I was fired for being absent?
I got terminated last week from my retail job because I missed too many days. I had some health issues that kept me out but I didn't have enough sick time left. My manager said it was job abandonment but I wasn't trying to quit, I was just dealing with medical stuff. Can I still file for unemployment benefits with NYS Department of Labor or will they deny me because I was fired? I really need the income while I look for another job.
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Charity Cohan
You can definitely apply for unemployment benefits even if you were fired. NYS Department of Labor will review your case during adjudication to determine if your termination was for misconduct. Medical absences usually aren't considered misconduct, especially if you can document them. Make sure to mention your health issues when you file your claim and be prepared to provide medical documentation if they request it.
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Jean Claude
•Thank you! Should I mention the medical issues right when I file online or wait until they ask? I do have some doctor notes from those appointments.
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Josef Tearle
same thing happened to my friend last year and she got approved after like 3 weeks of adjudication
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Shelby Bauman
•Was she able to get back pay for those 3 weeks? I'm worried about how long the adjudication process takes when you're already behind on bills.
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Quinn Herbert
The key here is whether your absences were excused or unexcused according to company policy. If you followed proper procedures for calling out sick and had legitimate medical reasons, that's not misconduct under NYS Department of Labor guidelines. However, if you just stopped showing up without notice, that could be considered job abandonment. When you file your weekly claim, explain the circumstances clearly and upload any medical documentation you have.
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Jean Claude
•I did call in each time I was sick, so hopefully that helps my case. The company handbook said we needed doctor notes after 3 consecutive days which I didn't always have for single sick days.
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Salim Nasir
If you're having trouble getting through to NYS Department of Labor to check on your claim status, I had success using a service called Claimyr that helped me reach an actual agent. You can check it out at claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped when I was stuck in adjudication and needed to provide additional information about my termination.
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Jean Claude
•Thanks for the tip! How much does something like that cost? I'm already tight on money.
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Salim Nasir
•It was worth it for me to get my claim resolved faster rather than waiting weeks to get through on the phone. The peace of mind was valuable when I was stressed about my benefits.
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Hazel Garcia
ugh the whole system is so frustrating!! I got fired for attendance too but mine was because of childcare issues when my babysitter kept canceling last minute. Still waiting to hear back from NYS Department of Labor after filing 2 weeks ago. Why does everything with unemployment take FOREVER??
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Charity Cohan
•Childcare issues can also be considered valid reasons for absences, especially if you can document the emergency situations. Make sure you emphasize that these were unexpected circumstances beyond your control when you speak with adjudication.
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Laila Fury
you should be fine as long as you werent just skipping work to go to the beach or something lol. medical stuff is usually protected
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